Pecot v. Prevost

Citations

• 117 La. 765
• 42 So. 263
• 1906 La. LEXIS 768

Syllabus

<p>1. Petitory Action — Common Source op Title.</p> <p>Where, in a petitory action, the pleadings or the evidence show that the parties trace their titles to the same source, neither can attack the title of their common author.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 42, Real Actions, § 23.]</p> <p>2. Same — Possessor in Good Faith — Rents ' and Propits.</p> <p>A possessor in good faith is liable for rents and revenues from judicial demand only. * [Ed. Note. — For cases in point, see Cent. Dig. vol. 42, Real Actions, § 34.]</p> <p>3. Covenants — Warranty op Title — Evidence.</p> <p>Where a vendee buys real estate by a description which does not correspond with that by which he sells, and, being sued in eviction, calls his vendor in warranty, without alleging error of description in the title by which he acquired, he ought not to be permitted to prove such error by oral testimony; and, should such description fail to identify the property from which he is sought to be evicted with that sold to him, he cannot recover on the demand in warranty, but must be relegated to some other action for the assertion of his claim against such vendor.</p> <p>4.Petitory Action — Liability op Warrantor.</p> <p>The defendant in a petitory action is entitled to the same judgment for fruits and revenues against his warrantor that the plaintiff gets against him.</p> <p>(Syllabus by the Court.)</p>