Mott v. Hopper

Citations

• 116 La. 629
• 40 So. 921
• 1906 La. LEXIS 541

Syllabus

<p>1. Possessory Action—Who may Maintain.</p> <p>Plaintiff in actual possession of a tract of land under the homestead laws of the United States, and whose application to enter the same has been duly approved, can maintain a possessory action, coupled with an injunction, against a defendant who has disturbed his possession by cutting and removing timber from the premises.</p> <p>[Ed. Note.—For cases in point, see vol. 17, Cent. Dig. Ejectment, §§ 42-44.]</p> <p>2. Possessory Action—Possession—Extent.</p> <p>Actual possession of a part of a tract of land carries with it possession of the whole, as shown by the boundaries described in the title of the possessor, which is admissible in evidence, for the purpose of showing the nature and extent of his possession.</p> <p>[Ed Note.—For cases in point, see vol. 17, Cent. Dig. Ejectment, § 38.]</p> <p>3. Trespass — Title to Maintain — Possession.</p> <p>In actions of trespass there can be no examination of title, and plaintiff’s actual possession, if legal and peaceable, is sufficient to maintain the action even against the lawful owner who has disturbed such possession.</p> <p>[Ed. Note.—For cases in point, see vol. 46, Cent. Dig. Trespass, §§ 18-20.]</p> <p>(Syllabus by the Court.)</p>