Gauthier v. Cason

Citations

• 107 La. 52

Syllabus

<p>Syllabus.</p> <p>1. Where a person’s property is seized by the sheriff in execution of a fi. fa., the owner’s possession is broken and replaced by that of the sheriff. It is the sheriff who, thereafter, holds possession of the property for delivery to the purchaser at the subsequent judicial sale. The owner’s possession being broken after a judicial sale to another, he stands as a third person to the property.</p> <p>2. Where the same property is afterwards sold at a tax .sale under an assessment made in the name of the purchaser at the execution sale, there is no legal reason why the original owner should not hold possession under and for the tax purchaser, nor why he should not later purchase it from him and own and possess it for himself. Under such circumstances, his title would be a new title, and he could, for purposes of prescription, tack on his author’s possession to his own.</p> <p>3. ' Where, under the pleadings, the purchaser of property at a tax sale is admittedly in good faith up to citation upon him in a petitory action, prescription acquireM causa runds in his favor and those holding under him from the date of the tax sale.</p>