Ledoux v. Kornbacher

Citations

• 118 La. 652
• 43 So. 266
• 1907 La. LEXIS 781

Syllabus

<p>1. Petitory Action — Pleading—Evidence.</p> <p>Plaintiff, bringing a party into court as defendant in a petitory action, wherein the real estate sought to be recovered is specifically described, and no reference is made to accretions thereto, cannot on the trial of the case offer evidence, the effect of which will be to change the action as fixed by plaintiff’s pleadings and prayer from a petitory action touching the property described to a petitory action in regard to property dehors the declared limits, on the ground that the property as described has been added to by accretions, and the property in possession of the defendant was part of the outside accretion.</p> <p>2. Same — Defenses.</p> <p>On proof of the fact that he was not in possession of the property as described in the petition and sought therein to be recovered, defendant was entitled to have the suit dismissed as of nonsuit against him.</p> <p>(Syllabus by the Court.)</p>