Fluker v. De Grange

Citations

• 117 La. 331
• 41 So. 591
• 1906 La. LEXIS 698

Syllabus

<p>1. Judgment — Res Judicata.</p> <p>In a suit to annul a tax sale for irregularities, a judgment dismissing the suit after trial on issue joined by general denial concludes the plaintiff as effectually as if the defendant, in addition to the general denial, had, by way of reconventional demand, asked that his own title be recognized and enforced.</p> <p>[Ed. Note. — For cases in point, see vol. 30, Cent. Dig. Judgment, § 1165.]</p> <p>2. Pleading — Supplemental Answer — Notice.</p> <p>No law requires that a supplemental answer be notified to the plaintiff otherwise than by its filing.</p> <p>3. Appeai^-Objeotions in Lower Court— Transfer of Case — Objections Waived.</p> <p>After trial and judgment it is too late to object that the transfer of the case from one of the divisions to the other of the civil district court, parish of Orleans, was irregular.</p> <p>[Ed. Note. — For cases in point, see vol. 2, Cent. Dig. Appeal and Error, § 1141.]</p> <p>4. Taxation — Tax Deed — Validity.</p> <p>When the purchaser at a tax sale made under Act No. 82, p. 104, of 1884, to satisfy taxes of 1879 and previous years, does not pay the taxes of 1880 and subsequent years, but merely promises to pay them, the title he acquires is a mere nullity.</p> <p>[Ed. Note. — For cases in point, see vol. 45, Cent. Dig. Taxation, § 1469.]</p> <p>On Rehearing.</p> <p>5.Vendor and Purchaser — Action for Price — Interest.</p> <p>In an action to compel a purchaser to accept title to real estate and pay the price, the defendant should be condemned to pay interest only from the date of judgment, where he had reasonable ground to defend the suit.</p> <p>[Ed. Note. — For cases' in point, see vol. 48, Cent. Dig. Vendor and Purchaser, § 933.]</p> <p>(Syllabus by the Court.)</p>