Heideman v. Sequin

Citations

• 110 La. 449
• 34 So. 599
• 1903 La. LEXIS 653

Syllabus

<p>ACTION IN BOUNDARY — EVIDENCE—PRESCRIPTION — POSSESSORY ACTION.</p> <p>1. Plaintiff having alleged only the fact of possession, and not the right of possession, and having alleged ownership, and having prayed that the boundary theretofore existing be maintained, her action was not a possessory action, purely and simply, but was an action in boundary, founded on ownership.</p> <p>2. Defendant having pleaded title to the strip of ground in controversy, and both parties having_ introduced in evidence, without objection, their titles back to the common author, and the case thus tried on the question of title, the action ceased to be possessory, even if such originally.</p> <p>3. Plaintiff having pleaded the prescriptions of 10 and 30 years acquirendi causa, her action cannot possibly be claimed to be merely possessory.</p> <p>(Syllabus by the Court.)</p>