Brewster v. Hewes

Citations

• 113 La. 45
• 36 So. 883
• 1904 La. LEXIS 612

Syllabus

<p>PRESCRIPTION — GOOD FAITH — EVIDENCE — DISCLAIMER OF WARRANTY.</p> <p>1.He who acquires the ownership of an immovable in good faith — i. e., from one whom he believes to be the owner — by a title which would be sufficient to transfer the ownership if derived from the owner, and who holds continuous, uninterrupted, peaceable, public, and unequivocal possession thereof, as owner, “prescribes for it in ten years.”</p> <p>2. Good faith is always presumed in matters of prescription, and he who alleges bad faith must prove it.</p> <p>3. It is sufficient if the possession has begun in good faith, the fact that it is afterwards held by the original possessor or his successors in title in bad faith not affecting the prescription.</p> <p>4. Disclaimer or exclusion of warranty is a fact affecting the question of good or bad faith, which is to be considered in the light of surrounding circumstances.</p> <p>(Syllabus by the Court.)</p>