Cooper v. Falk

Citations

• 109 La. 474
• 33 So. 567
• 1903 La. LEXIS 401

Syllabus

<p>TAXATION — SALE TO STATE — INVALIDITY-RIGHTS OP SUBSEQUENT PURCHASER — RENT.</p> <p>1. In matter of tax sale the land had not been legally forfeited to the state. The tax sale by the state was null.</p> <p>2. The sale afterward (by the buyer at tax sale) to a purchaser with complete knowledge of all the facts was equally as null.</p> <p>3. Neither had a title which could serve as a basis for prescription.</p> <p>4. Their vendees had valid titles on the face of the papers, which would have been sufficient to sustain a prescriptive title if 10 years had elapsed from the date of their respective purchases.</p> <p>5. The title of all defendants is decreed null, and each is condemned to pay rent from judicial demand,</p> <p>6. As relates to the rent claimed prior to date of suit, another and distinct issue arises.</p> <p>7. The state having adjudicated the property under the laws, the purchasers are protected by a presumption as relates to rent of a date anterior to the suit.</p> <p>8. The owners remained silent more than 20 years, and are not in a position, legally, to exact rent.</p> <p>Nicholls, C. J., and Monroe, J., dissenting in part.</p> <p>(Syllabus by the Court.)</p>