Railsback v. Leonard

Citations

• 118 La. 916
• 43 So. 548
• 1906 La. LEXIS 853

Syllabus

<p>1. Petitoby Action.</p> <p>The action was petitory. The title of defendant was first in date and the first recorded.</p> <p>2. Attorney and Client — Estoppel — Evidence.</p> <p>The defendant was not estopped by the fact that the law firm of which he was a member appeared incidentally and as mere favor to the attorney employed to foreclose a mortgage via ordinaria in which the property was described and referred to.</p> <p>3. Same.</p> <p>It was not shown that this friendly and gratuitous act ever influenced or misled plaintiff in any way.</p> <p>4. Petitoby Action.</p> <p>The land was described into 40-acre lots. A map forms part of the deed.</p> <p>5. Same — Boundaries.</p> <p>The location of the lots, as shown by the map and the natural boundaries, must remain unchanged.</p> <p>6. Same.</p> <p>As to other lots, not included in the original deed, they are included in an act of sale bearing date over 10 years before suit was instituted.</p> <p>7. Same.</p> <p>The title was sufficient to transfer property.</p> <p>8. Same.</p> <p>The tract was an entire tract; i. e., one body of land.</p> <p>9. Prescription — Evidence.</p> <p>Defendant went into possession of a part of the land, and improved it, with intention of owning and possessing the whole tract. The plea of prescription of 10 years is.sustained.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 1, Adverse Possession, §§ 547, -551, 556.]</p> <p>On Rehearing.</p> <p>10. Attorney and Client — Purchases os</p> <p>Attorney — Estoppel.</p> <p>When a member of a law firm having charge of the settlement of a succession purchases land belonging to a succession, at a sale provoked, presumably, by him or his firm, he is estbpped to set up the title so acquired as against the innocent purchaser of the same land who acquires at a subsequent sale similarly provoked.</p> <p>11. Executors and Administrators — Succession Sale.</p> <p>Where, under a description said to be susceptible of double construction, a purchas