Hansen v. Mauberret

Citations

• 52 La. Ann. 1565

Syllabus

<p>Syllabus.</p> <p>1. The testimony of a disinterested official, corroborating a public record which he participated in making, overcomes the denial of a party in interest, as to the notice required by Article 210 of the Constitution of 1870.</p> <p>2. It is a sufficient compliance with a statute, requiring advertisements to be made once a week for thirty days, that such advertisements appear once in each week, during that time, though more than seven days may intervene between two publications.</p> <p>3. Unless saved by the language of a particular statute, a sale of property for more taxes than are legally assessed is invalid, but where the legal taxes can be separated from the illegal, the payment of the former will be required as a condition to relief asked. One who seeks equity must do equity.</p> <p>4. Where property is adjudicated to the City of New Orleans for unpaid taxes, the prescription of three years, under Act 105 of 1874, does not begin to run so long as the tax debtor is allowed to remain undisturbed in actual possession.</p> <p>5. A sale of property for taxes not legally assessed is something more than an informality, and is not prescribed, under C. C. 3543, in five years.</p>