Kernan v. Young

Citations

• 119 La. 238
• 44 So. 1
• 1907 La. LEXIS 465

Syllabus

<p>1. Taxation — Place of Taxation.</p> <p>The taxes for which the property sold had been paid. The lines of the property extended from one parish into another. It was assessed originally in one parish, and to its tax collector the taxes were paid. Subsequently part of the place was assessed in the adjacent parish in the name of persons who were not in possession and who were not the owners. It was not known at first that the land was situated partly in the two parishes.</p> <p>2. Adverse Possession — Acquisition of Rights by Prescription.</p> <p>Plaintiff traced title back to the year 1866, and proved his possession and the possession of his ancestors in title 30 years prior to the date suit was brought.</p> <p>3. Same.</p> <p>Defendant has not shown possession of or title in that part of the property claimed.</p> <p>4. Same — Possession—Necessity.</p> <p>The prescription pleaded by defendant is not sustained.</p> <p>5. Same — Acquisition of Rights by Prescription.</p> <p>Plaintiff had an interest growing out of his title and his many, years’ possession which is not defeated by defendant’s claim.</p> <p>6. Same.</p> <p>Plaintiff does not seek to avail himself of the error he asserts.</p> <p>7. Appeal — Modification of Judgment — Correction of Errors.</p> <p>The judgment annulled title to other lands than that to which plaintiff has a right. To that extent the judgment is amended.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, § 4490.]</p> <p>(Syllabus by the Court.)</p>