South Louisiana Land Co. v. Riggs Cypress Co.

Citations

• 119 La. 193
• 43 So. 1003
• 1907 La. LEXIS 456

Syllabus

<p>1. Slander&emdash;Slander of Title to Property &emdash;Trespass&emdash;Incidental to Action in Jactitation&emdash;Dismissal&emdash;Action for Trespass Will Not be Reinstated.</p> <p>The action for alleged damages from trespass was dismissed in the district court, and this court will not reinstate it for the reason that, in ■deciding the main action, it disposed of the incidental action of trespass.</p> <p>2. Same&emdash;Effect of Dismissal.</p> <p>Without proof of title and possession (that is the ground of the main action), an action for trespass cannot be maintained. The dismissal of the action for slander of title and jactitation &emdash;for want of possession of the property&emdash;carries with it the action as relates to trespass.</p> <p>3. Same&emdash;Persons Entitled to Sue&emdash;Plaintiff Not in Possession.</p> <p>The action in jactitation could not be maintained by reason of the fact that plaintiff was not in possession.</p> <p>4. Same &emdash;Prayer for General Relief &emdash; Change of Form of Action&emdash;Nature of Action Not Changed.</p> <p>The prayer for general relief will not supply needful plea on the part of plaintiff to have its action considered as petitory, instead of the action of jactitation originally brought.</p> <p>5. Same&emdash;Pleading&emdash;Exception of Want of Possession &emdash; Waiver &emdash; Defendant’s Plea of Want of Possession.</p> <p>Defendant filed an exception on the ground of want of possession and reiterated that ground.</p> <p>6. Same&emdash;Right Reserved in Pleading.</p> <p>In his answer he reserved all points previously pleaded.</p> <p>7. Same&emdash;Title Set Forth by Defendant in the Alternative.</p> <p>In view of reservation made, defendant did not thereby waive its exception.</p> <p>8. Same&emdash;Change of Form of Action&emdash;Action Not Petitory.</p> <p>Plaintiff answered defendant’s answer (pleaded in replication) and alleged title. This answer could not have the effect of changing the action to the petito