Bossier's Heirs v. Jackson

Citations

• 114 La. 707
• 38 So. 525
• 1905 La. LEXIS 529

Syllabus

<p>PETITORY AND POSSESSORY ACTIONS — ACTION POR JACTITATION — TRESPASS.</p> <p>1.The action should have been possessory, petitory, for jactitation, or for trespass.</p> <p>The property should have been sufficiently described for purpose of identification without any uncertainty as to locality, and as near correct as possible as to area.</p> <p>2. The familiar rule is stated for illustration: If the party is in possession, his action is possessory. If the owner is not in possession, the action is petitory. If the owner in possession is damaged or annoyed by persons setting up adverse title to his own, the action is for slander of title. If the owner is annoyed and his possession infringed upon by trespasser, his action may be for trespass, and he may in that connection exhibit his title.</p> <p>3. The court, under its view, would remand the case as for trespass. As it has to be remanded, the plaintiff will be allowed to show whether he is in any one of the categories as to right of action before alluded to, and to amend and present issues that the right of parties may be determined, or his case will be dismissed as in case of nonsuit.</p> <p>(Syllabus by the Court.)</p>