Handlin v. Dodt

Citations

• 110 La. 936
• 34 So. 881
• 1903 La. LEXIS 727

Syllabus

<p>APPEAL — PARTIES—DISMISSAL—DECREE-SLANDER OF TITLE.</p> <p>On Motion to Dismiss.</p> <p>1. In an appeal from a judgment rejecting a moneyed demand against several defendants in solido, all the defendants are necessary parties, and the failure to cite one of them is fatal to the appeal.</p> <p>On the Merits.</p> <p>2. A defendant should not be decreed to do that which is not asked for in plaintiff’s pleadings or prayer.</p> <p>3. A defendant, ordered by the court to institute an action against the plaintiff for recovery of land which is in possession of and claimed to be owned by plaintiff upon a title which he has acquired and placed of record, should not, prior to the determination of the issue of title, be mulcted in damages for having acquired the title and registered it.</p> <p>(Syllabus by the Court.)</p>