Granger v. Sallier
Citations
- 110 La. 250
- 34 So. 431
- 1903 La. LEXIS 620
Syllabus
<p>PETITORY ACTION — COMMUNITY PROPERTY-EVIDENCE.</p> <p>1. In a petitory action, plaintiff claimed that two of the titles forming part of her chain of titles were legal, viz., the title bearing date in 1885, under which her author of that date acquired, and the title of 1893, under which her' immediate ancestor in title acquired.</p> <p>The defendants claimed the benefit of the-first title — that of 1885 — and thereby estopped themselves from pleading its invalidity.</p> <p>2. Under the title of 1885, they remained with right to plead the absolute nullity of the-second deed — that of 1893.</p> <p>3. Even under the rule which obtains to some extent in petitory actions, briefly expressed by the words “possideo quia possideo,” a person may compel his adversary to produce another than a title radically null, before ouster can be decreed.</p> <p>4. The property was in the name of the community. In the name of the community the-defendants hold, and can continue to hold until contradictorily with the community (or its legal, representative) a superior right is shown.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the court need not consider the plaintiff’s alternative argument for dismissal, where the court had already decided that the defendant’s counterclaim must be dismissed on other grounds
- “Under New York law, because ‘every contract contains an implied covenant of good faith and fair dealing,’ a ‘cause of action alleging a breach of good faith is duplicative of a cause of action alleging breach of contract.’”
- “Under New York law, because ‘every contract contains an implied covenant of good faith and fair dealing,’ a ‘cause of action alleging a breach of good faith is duplicative of a cause of action alleging breach of contract.’” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Breaux
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