Mendelsohn v. Armstrong

Citations

• 52 La. Ann. 1300

Syllabus

<p>Syllabus.</p> <p>1. Mere reference to a prior act in matter of description in a deed conveying property is. not necessarily notice of want of authority of the vendor, or of the vendor’s vendor, by whom the original deed was signed.</p> <p>2. Third persons are not bound by recitals in deeds which are not material to the matter in hand, and which are of no importance in passing a sale. The defect was not apparent, and could not have been ascertained by careful examination of the act under which the owner claimed ownership.</p> <p>3. The nullity was at best a relative nullity which was susceptible of ratification. A presumption of ratification results from silence and inaction during the time fixed for prescription. The rights of third persons can not be undone long after they have been acquired in good faith. The third person's have gone into possession of and improved the property, and have paid the taxes without objection from any one. Original owners wno, in the face of regularly recorded titles, some of them showing inventories made of the property and sales at public auction could not, after the lapse of nineteen years, set aside conveyance under which the property is now held in good faith.</p>