Messi v. Frechede

Citations

• 113 La. 679
• 37 So. 600
• 1904 La. LEXIS 693

Syllabus

<p>ALTERATION OF INSTRUMENT — BURDEN OF PROOF — PETITORY ACTION — STALE DEMAND —CONVEYANCE PER AVERSIONEM.</p> <p>1. The burden of proof rests upon a party relying upon • a written instrument to account satisfactorily for any interlineation which operates a substantial change in the effect of such instrument.</p> <p>2. One who has taken possession of the property of another without title and in bad faitli is in no position to complain of the mere staleness of a demand for restitution.</p> <p>3. Where land is not sold or conveyed at the rate of so much per measure, but “from boundary to boundary,” and, from the language used, it appears to have been the intention to convey all the land within the boundaries given, the conveyance is per aversionem, and the grantee is entitled to recover all such land from a third person, whose asserted title, bad originally, has not been made good by prescription.</p> <p>(Syllabus by the Court.)</p>