Lavedan v. Choppin

Citations

• 119 La. 1056
• 44 So. 886
• 1907 La. LEXIS 591

Syllabus

<p>1. Taxation — Sale—Rights of Tax Title Owner — Tax Deed.</p> <p>Neither the former owner nor the tax title owner was in possession, as admitted in the former’s petition.</p> <p>2. Same — Prescription — Curative Provisions.</p> <p>The former owner is not entitled to the constitutional prescription. Const, art. 233.</p> <p>3. Same — Not Subject to Prescription.</p> <p>The former owner not being entitled to the benefit of said article, nor to the benefit of the curative provisions of statutory enactments, the tax title was legal, and not in any respect subject to the prescription of three years pleaded.</p> <p>4. 'Same — Assessment After Sale — Not a Waiver.</p> <p>Although the state continued to assess the property in the name of the former owner, the tax on the property assessed having been paid by the purchaser at tax sale, the continuing thus to assess did not operate a waiver, having the effect of reinstating title in the former owner.</p> <p>5. Same — Failure to Pat City Taxes.</p> <p>, An adjudicatee may obtain title, although he fails to pay the city taxes. This right is confirmed by judicial interpretation.</p> <p>(Syllabus by the Court.)</p>