Roussel v. Railways Realty Co.

Citations

• 9 Teiss. 288
• 1912 La. App. LEXIS 70

Syllabus

<p>1. In the absence of fraud a judgment confirming a tax; title is conclusive between the parties thereto that some property belonging to the former owners was validly sold for taxes, arid that the property so sold is the same as that described in the judgment.</p> <p>2. A judgment cannot be attacked for fraud where it is shown that the successful party thereto produced his whole evidence, and the attention of the Judge was particularly directed to those very matters which are afterwards set up as constituting the fraud alleged to have been practiced upon the Court.</p> <p>3. A judgment of Court decreeing one.party to he the owner of the property involved' in the suit, has all the force and effect of a conveyance between the parties thereto.</p> <p>4. One who claims property tv prescription (usucaptioii) must show affirmatively and clearly the extent, nature and length of his possession.</p> <p>J. Where the possession is only a civil one resulting from the remains of old constructions, and these are removed and replaced by new constructions erected by a third person, between whom and the former possessor, there is no privity of title or possession, such removal constitutes an- interruption of any prescription which might have been running in favor of the former possessor.</p> <p>1. A judgment confirming a tax title, rendered contradictorily with the former owners of the property, is1 binding on all the world.</p> <p>2. A mere possessor, with prescription running in his-favor, but not completed, has no vested rights in the property, but only an inchoate, contingent, or expectant right to complete a title by prescription if not disturbed (12 Rob., 266-272).</p>