Posey v. Ducros

Citations

• 115 La. 360
• 39 So. 26
• 1905 La. LEXIS 663

Syllabus

<p>1. Jactitation — Ríame to Judgment — Pleading — Tax Sale.</p> <p>Plaintiff in a jactitation suit, who fails to disclose a color of title to the property with reference to which the suit is brought, is not entitled to a judgment recognizing his possession as legal and quieting him therein, even though the defendant, setting up title in himself, fails to establish it, and, a fortiori, is this true where the plaintiff does not pray such judgment. Nor should the judgment, under such circumstances, go beyond the prayer of the petition with reference to other property, where the possible effect will be to lay a foundation for, build up, or strengthen a title as against the public.</p> <p>2. Tax Title — Prescription — Reimbursement.</p> <p>Prescription does not run against an owner in possession, in favor of a tax title, based upon an adjudication to the state, made in 1885, for taxes of that year, assessed in the name of one not the owner of the property, and to whom no notice, actual or constructive, of the proposed sale, was given; nor is the holder of such tax title entitled to reimbursement of the taxes and penalties paid by him.</p> <p>On Rehearing.</p> <p>3.Slander oe Title — Possession oe Plain-</p> <p>tief.</p> <p>In a suit for slander of title mere possession by the plaintiff will suffice as against a defendant disclaiming title, and also as against a defendant setting up a tax title absolutely null.</p> <p>Monroe, J., disseuting.</p> <p>(Syllabus by the Court.)</p>