Schwenck v. Schwenck

Citations

• 52 La. Ann. 239

Syllabus

<p>Syllabus.</p> <p>1. Possessors m bail faith. Persons are in bad faith who impose upon the courts and, under false averments, have themselves put in posseession of property of which they are only part owners.</p> <p>2. Bents and Revenues. Possessors in bad faith must pay all the rents due up to the judgment and its execution against them.</p> <p>3. The heirs estopped and therefore affected by the. had faith. One who holds lands under a testamentary inheritance is bound by the estoppel that would stop the de cujus himself.</p> <p>4. Obligations not in solido. The testamentary heir is charged with rents and revenues due by the succession of the testator, but not with rents and rev-eenues due by one who was a joint possessor with the testator of an interest of which they were not owners, for as to him, they are not bound in, solido. Being part owners of the property, they were not trespassers bound im solido, though in bad faith.</p> <p>5. Taxes, Insurance, Mortgage. The possessors, though in bad faith, are entitled to taxes, insurance, and mortgages on the property paid by them. •</p>