Smith v. Pontchartrain Land Co.

Citations

• 10 Teiss. 203
• 1913 La. App. LEXIS 49

Syllabus

<p>Syllabus.</p> <p>1. The placing in possession by judgment of.Court under a tax statute, the going on the property with a surveyor who points out the measurements, the placing of a rent sign on the same and the payment of subsequent taxes, taken together,' are sufficient to constitute a beginning of corporeal or physical possession of property.</p> <p>2. The actual possessor, having proved that he went into possession in October, 1894, and was still in possession in 1901 and 1905, will be presumed to have been in possession in the intermediate time. Possession once proven to exist is presumed to continue.'</p> <p>3. A possession in good faith as owner under a just title trans-lative of property is sufficient to sustain the prescription of ten years acquirendi causa.</p> <p>4. A possessor under a tax title valid in form and not defective on its face cannot be deprived of the right to plead prescription because he might by careful examination have discovered that his vendor had no title.</p>