Booksh v. New Iberia Sugar Co.

Citations

• 115 La. 516
• 39 So. 545
• 1905 La. LEXIS 691

Syllabus

<p>1. Petitoey Action — Title to Maintain.</p> <p>Plaintiff in a petitory action, in order to recover, must at least show a better title to the property claimed than the defendant in possession.</p> <p>2. Prescription — Judicial Sale — Adverse</p> <p>Possession — Evidence.</p> <p>Where a tract of land has been incorporated, by fencing and use, in a plantation for more than 20 years, openly, notoriously, and without interruption or disturbance, and the plantation is sold by- the sheriff, as such, by name and by metes and bounds, the tract so incorporated passes to the adjudicatee, with and as a part of said plantation, by a title the defects of which, if any there be, where the adjudicatee continues in possession in good faith, are cured by the prescription of 10 years.</p> <p>(Syllabus by the Court.)</p>