Hargrave v. Mouton

Citations

• 109 La. 533
• 33 So. 590
• 1903 La. LEXIS 409

Syllabus

<p>PETITORY ACTION — DECLARATION—RES JUDI-CATA — SUCCESSORS TO TITLE — ADVERSE POSSESSION.</p> <p>1. A plaintiff in a petitory action must declare upon all the titles, held by him at the time the suit is brought, through which he pretends to the ownership of the land involved.</p> <p>2. A final judgment rendered by a court of competent jurisdiction, on the merits, is a bar to any future suit between the same parties, or their privies, upon the same cause of action.</p> <p>3. Successors to, or ayans-cause of, the parties in the original suit are, in legal contemplation, the same as such parties, provided they acquired their title after the institution of the original suit.</p> <p>4. Where, in petitory action between a party claiming land under a certificate of entry from the general government and another claiming under a certificate of purchase from the state, final judgment was rendered in favor of the latter and against the former, such judgment will be res judicata against another action to recover the same land under a United States patent subsequently issued based on the same certificate of entry — the parties being the same actually, or in legal contemplation.</p> <p>5. And such judgment in favor of the holder of the state title furnishes a sufficient basis of prescription of 10 years as against those who shall, thereafter, claim under and through those cast in the suit.</p> <p>(Syllabus by the Court.)</p>