Rowson v. Barbe

Citations

• 51 La. Ann. 347
• 25 So. 139
• 1899 La. LEXIS 408

Syllabus

<p>Syllabus.</p> <p>1. In a petitory action plaintiff must recover upon the strength of his own title,. not upon the weakness of that of his adversary.</p> <p>2. Such an action may be defeated by showing that the title is in a third person; or that a third person has a better title than that asserted by plaintiff.</p> <p>3. By the Civil Code of 1808, as by the present Code, a donation of real estate Is-null and void unless executed before a notary and two witnesses and accepted in express terms by the donee during the lifetime of the donor.</p> <p>4. Without these formalities and essentials a donation inter vivos presented as a muniment of title fails absolutely.</p> <p>5. Where plaintiff’s case fails on the weakness and insufficiency of the showing of title made by him, and it is so adjudged by the trial judge, it was error to go further and pass judgment rejecting defendant’s pleas of prescription set up in the answer. This on the ground that the case fell before consideration of the defense began.</p>