Ours v. Gray

Citations

• 112 La. 214
• 36 So. 326
• 1904 La. LEXIS 382

Syllabus

<p>PETITORY ACTION — PRESCRIPTION — EVIDENCE.</p> <p>1. Both plaintiff and defendant trace their title to the same author, whose land entry appears to have been regularly made.</p> <p>2. The returns of the register and receiver set forth that the entry had been regularly made. The survey of authorized surveyors duly returned to the government shows that there had been a complete segregation of the land from the public domain. The title was in the grantee named.</p> <p>3. With his consent, the right acquired by the grantee passed to another person by informal act.</p> <p>Over 30 years ‘ago the latter transferred the title by deed in regular form, for adequate consideration, to a purchaser who went into possession.</p> <p>Over 30 years ago he sold it to another third person, equally in good faith.</p> <p>Ten years had elapsed when this suit was brought against defendant, who held the title of the original grantee through mesne conveyance.</p> <p>The plea of prescription is sustained.</p> <p>(Syllabus by the Court.)</p>