Robinson v. Atkins

Citations

• 105 La. 790

Syllabus

<p>Syllabus.</p> <p>Plaintiff sought to recover a tract oí land (included in the boundaries of a place known as Lovely Point plantation) which she avers was not included within . the boundaries of the property mortgaged and afterwards sold in foreclosure proceedings. »</p> <p>While the boundaries do not touch the land in question at all points, they none the less indicate well enough that the land claimed is part of the Lovely Point plantation. The evidence shows that Lovely Point plantation was mortgaged, and that this plantation was sold with boundaries, as set forth in the act of mortgage. The name of the plantation, the boundaries, and the United States’ divisions and sub-divisions, one considered with reference to the other, correctly described the land in controversy, and show that it was mortgaged and sold, as alleged by the defendant.</p> <p>After this first owner had parted with his title, he could not be heard to the end of destroying the validity of the title which he transferred to a third person, under whom defendant holds. He is bound by his own- deed of transfer, even though he is not bound in warranty, to an extent at least by which he is prevented from seeking to destroy the validity of the title he chose to transfer.</p>