Byrne v. Hebert

Citations

• 51 La. Ann. 548
• 25 So. 586
• 1898 La. LEXIS 589

Syllabus

<p>Syllabus.</p> <p>1. To plaintiff’s petitory action defendant answered he held the land under lease from the heirs of Bogart, but did not disclose their names or domicile. The heirs were not made parties. There was judgment awarding plaintiff, on his showing of title, possession as against the lessee, but rejecting his demand “in all other respects.” Having prayed to be declared the owner this judgment disallowed his demand of ownership.</p> <p>Held : As he sued for the ownership of the land and for possession thereof as an accessory to such ownership, there is error in the judgment which while awarding him possession, rejects his claim of ownership.</p> <p>2. The rejection of his plea of ownership left nothing to predicate the decree-of possession upon.</p> <p>3. The court will, in the exercise of a sound discretion, remand a case, when, in its judgment, the ends of justice require it.</p>