Grubbs v. Pierson

Citations

• 111 La. 101
• 35 So. 474
• 1903 La. LEXIS 499

Syllabus

<p>APPEAL—DISMISSAL—POSSESSORY ACTION-DISCLAIMER OP TITLE.</p> <p>1. Unless it be very evident that the appeal should be dismissed on the ground averred, action on the motion to dismiss will be deferred until the case is examined on the merits; and then, if good grounds are shown to dismiss the appeal, it will be dismissed.</p> <p>“Grounds for dismissal may he considered on the merits.’’ Brown v. Land Company, 23 South. 292, 49 La. Ann. 1779; Succession of Fortier,- 26 South. 554, 51 La. Ann. 1562.</p> <p>On the Merits.</p> <p>2. Where a suit Is brought against a succession for the recovery of real estate and for the cancellation of a note executed by plaintiff, and the succession, after asserting title to the real estate, amends its answer, and, disclaiming title, alleges that said real estate had been sold at tax sale to a third person, who had sold to another, who in turn had been put in possession by an order of the court in which said suit is filed, rendered in a proceeding which is made part of said answer and offered in evidence, the disclaimer referred to is an insufficient basis for a judgment in favor of the plaintiff, decreeing him to be the owner of the property, and authorizing the cancellation of the note in question.</p> <p>(Syllabus by the Court.)</p>