Patterson v. Landru

Citations

• 112 La. 1069
• 36 So. 857
• 1904 La. LEXIS 512

Syllabus

<p>QUIETING TITLE — EVIDENCE—POSSESSION.</p> <p>1. A deficient muniment of title to real estate cannot be supplemented by the recordation of the affidavit of the claimant. Such affidavit is the mere verbal statement of the claimant, which amounts to nothing at all as a muniment of title to real estate.</p> <p>2. In Louisiana, whatever may be the rule elsewhere, a plaintiff, by bringing a suit to remove a cloud on his title, does not ipso facto admit that the muniments of title casting the cloud of which he complains are sufficient on their face to show title. lie cannot be held to be admitting the very opposite of what he alleges and is trying to show.</p> <p>3. A suit to remove a cloud on title is in the nature of a suit in slander of title, and cannot be sustained without proof of possession.</p> <p>(Syllabus by the Court.)</p>