Getman v. Harrison

Citations

• 112 La. 435
• 36 So. 486
• 1904 La. LEXIS 413

Syllabus

<p>JUDICIAL SALE — DEFECTIVE TITLE — TAXES—ES - TOPPEL.</p> <p>1. If a title to real estate tendered to an adjudicatee at sheriff’s sale is suggestive of serious litigation, he' ought not to be compelled to accept it; but whether that be so, or not, is a question which is to be determined by the court after the points upon which the supposed suggestion is founded have been considered.</p> <p>2. Where city lots have been purchased according- to a particular description, and, after having been so held for 40 years, are so sold, and a title is tendered, thus describing them, the fact that the adjudicatee, relying only upon a description found in an antecedent title, sets up a discrepancy of a few inches in the measurement, will not justify the assumption that the later description is erroneous.</p> <p>3. The fact that an apparent title, by convention or tax sale, of property belonging to living persons, which is allowed to remain unchallenged upon the public records, is invalid, does not affect the validity of an assessment predicated thereon.</p> <p>4. Where, by the acquiescence or consent of the real owner, the apparent title to immovable property is vested in another, such real owner can claim nothing to the prejudice of innocent third persons who have acquired rights with respect to said property on the faith of such apparent title.</p> <p>(Syllabus by the Court.)</p>