Heirs of Marmion v. McPeak

Citations

• 51 La. Ann. 1631

Syllabus

<p>Syllabus.</p> <p>On Motion to Dismiss.</p> <p>■When the pleadings of a plaintiff, verified by affidavit, show as to the amount in dispute, a prima fade right to an appeal to the Supreme Court — the appeal will not be dismissed on a motion in limine, based upon testimony in the record taken on the trial of the cause in the District Court. Testimony so taken can only reach the Supreme Court when the cause goes before it on the merits, at which time the appeal will be dismissed if the Appellate Court is without jurisdiction ratione materiae. '</p> <p>On the Meeits.</p> <p>1. Action Petitoey. — Plaintiff in a petitory action based his claim on a’complete legal title.</p> <p>2. Tax Title.. — The defendant has no title at all.</p> <p>3. Thbeb Yeaes’ Pbesceiption. — The plea of prescription (3 years) did not give vitality to an adjudication at tax sale which in law never had force or effect.</p> <p>4. Ten Yeaes’ Pbesceiption.. — The purchaser, knowingly, not having compiled with his bid as required by repeated decisions of this court, was not in good faith, and, therefore, his asserted title was not cured by the prescription of ten years.</p> <p>5. Rent and Impeovements. — Plaintiffs’ claim for rent was not sustained by proof and was not allowed and defendants’ reconventional demand was rejected.</p>