Lindner v. Yazoo & M. V. R.

Citations

• 116 La. 262
• 40 So. 697
• 1906 La. LEXIS 496

Syllabus

<p>1. Actions—Misjoinder—Effect.</p> <p>Where the possessory and petitory actions, or features of these two actions, are sought to be combined in one petition, the possessory lapses, and only the petitory remains.</p> <p>2. Petitory Action—Burden of Proof.</p> <p>Where plaintiff alleges his ownership of real property and the occupancy of the property by a railroad, and prays that the railroad be made to pay the value of the property by way of damages in case it elects to keep the property, the suit is petitory, and. the burden of showing title rests upon plaintiff.</p> <p>[Ed. Note.—For cases in point, see vol. 18, Cent. Dig. Eminent Domain, § 803.]</p> <p>(Syllabus by the Court.)</p>