Citizens' Bank of Louisiana v. Jeansonne

Citations

• 120 La. 393
• 45 So. 367
• 1907 La. LEXIS 661

Syllabus

<p>1. Execution — Deed—Description oe Property.</p> <p>A sheriff’s deed which fails to identify the land intended to be sold is void for uncertainty, and cannot serve as a basis for prescription.</p> <p>[Ed. Note. — For eases in'point, see Cent Dig. vol. 21, Execution, §§ 921-924.]</p> <p>2. Tbespass — Limitations—Burden oe Prooe.</p> <p>Under the Civil Code the general rule is that all actions for damages for offenses and quasi offenses are prescribed by one year from the date the damage was sustained. Act No. 33, p. 41, of 1902, provided that such prescription runs “where land, timber or property has been injured, cut, damaged, from the date knowledge of such damage is received by the owner thereof.” 3eld, that where the defendant is sued as a trespasser for damages for timber cut on lands, and pleads the prescription of one year, the burden is on the plaintiff to prove the date that knowledge of the alleged trespass was brought home to him.</p> <p>3. Set-Oee and Counterclaim — Evidence.</p> <p>Defendant has no claim in equity against the plaintiff for taxes paid where he has been more than compensated by the value of timber converted to his own use.</p> <p>4. Covenants — Breach—Damages.</p> <p>An evicted defendant has no claim against his warrantor for attorney fees.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 14, Covenants, § 261.]</p> <p>(Syllabus by the Court.)</p>