Jenkins v. Salmen Brick & Lumber Co.

Citations

• 120 La. 549
• 45 So. 435
• 1908 La. LEXIS 538

Syllabus

<p>1. Real Actions — Evidence — Admissibility —Waiver oe Objections.</p> <p>While evidence must correspond to the allegations and be confined to the points at issue, the rule is not so controlling and broad as to render it proper to refuse to admit a document in evidence that is needful to show to some extent and in some way the title claimed. Furthermore, the defendant is in the position of having waived the point in effect, by afterward offering in evidence the document he sought to have excluded.</p> <p>2. Descent and Distribution — Extent oe Plaintiee’s Interest as an Heir.</p> <p>Plaintiff’s claim is limited to the extent of her interest in the succession from which she inherited. The sale of the land inherited to plaintiff’s father, and the declarations as to price, under the facts and circumstances, is not the measure of plaintiff’s interest.</p> <p>3. Deeds — Description—In Eeeect Sale by Boundary.</p> <p>The measure of plaintiff’s interest is fixed by reference to the tract, part of which is in controversy, and not partieularlv to the number of acres in the tract.</p> <p>4. Evidence — Parol Evidence — Record Governs.</p> <p>Verbal testimony is not admissible to change the nature of the rights of parties in a deed or to vary its terms, third persons having accepted the record as true.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 20, Evidence, §§ 1719-1728.]</p> <p>5.Limitation oe Actions — Suspension oe Prescription.</p> <p>Ten years’ prescription, as relates to minors, is suspended during minority.</p> <p>(Syllabus by the Court.)</p>