Moulierre v. Coco

Citations

• 116 La. 845
• 41 So. 113
• 1906 La. LEXIS 587

Syllabus

<p>1.Public Lands—State Patent to Swamp Lands—Effect as Evidence.</p> <p>A state patent to a tract of land as “swamp” does not -per se prove that title passed to the state under the acts of Congress of 1849 and 1850, commonly called the “swamp land grants.” Wright v. Roseberry, 7 Sup. Ct. 985, 121 U. S. 488, 30 L. Ed. 1039; Chandler v. Calumet & Hecla Mining Co., 13 Sup. Ct. 798, 149 U. S. 79, 37 L. Ed. 657.</p> <p>2. Adverse Possession—Adding Possession of Author of Title.</p> <p>Defendant’s title cannot be affected by the nonregistry of an' anterior deed forming a link in the chain, and they have the right to add the sum of their author’s possession to their own for the purpose of prescription.</p> <p>[Ed. Note.—For cases in point, see vol. 1, Cent. Dig. Adverse Possession, § 218.]</p> <p>3. Evidence—Best and Secondary.</p> <p>The existence and loss of a process verbal of a probate sale of land having been proven, parol evidence is admissible to prove that the lost instrument evidenced an adjudication to a particular person, and also to prove the facts of adjudication, payment and transfer of possession.</p> <p>[Ed. Note.—Eor cases in point, see vol. 20, Cent. Dig. Evidence, §§ 582, 583.]</p> <p>4. Landlord and Tenant — Defeating Landlord’s Title.</p> <p>A tenant during the continuance of his lease cannot change the character of his possession and oust his lessor by purchasing or leasing from a third person. Town of Morgan City v. Dalton, 36 South. 208, 112 La. 9, Harvin v. Blackman, 36 South. 213, 112 La. 24.</p> <p>[Ed. Note.—Eor cases in point, see vol. 82, Cent. Dig. Landlord and Tenant, §§ 199-209.]</p> <p>5. Adverse Possession—Title by Prescription.'</p> <p>Defendants and their authors, having been in actual and continuous possession as owners since the year 1856, have acquired title by the prescription of 30 years, if not by that of 10 years under titles translative of property.</p> <p>[Ed. Note.—Eor cases in point, see vol. 1, Cent. Dig. Adverse Possession