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· 4/27/1903

Pomeroy v. McFarlain

Citations

  • 110 La. 338
  • 34 So. 467
  • 1903 La. LEXIS 632

Syllabus

<p>TAXATION — SALE TO STATE — PRESCRIPTION AGAINST OWNER.</p> <p>1. Property was adjudicated to the. state at a tax sale which was absolutely null for want of the giving of the notices required by article 210 of the Constitution of 1879. The state took action of no kind under the adjudication, but ultimately sold the property to a third person, who brought suit to recover it against the original owners, who had remained constantly in actual corporeal possession, and paid taxes upon it after the adjudication. The plaintiff, under such circumstances, could not successfully invoke the prescription of three years provided for in article 233 of the Constitution of 1898.</p> <p>(Syllabus by the Court.)</p>

Judges: Blanchard, Nicholls

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