Spreen v. Cassnau

Citations

• 10 Teiss. 183
• 1913 La. App. LEXIS 38

Syllabus

<p>Syllabus.</p> <p>1. Death, like other facts, may be established by circumstantial ■evidence, when direct evidence is not obtainable; and when the absence without tidings of one exposed to peril of life concurs with other attendant circumstances to produce the moral conviction that the party is dead, such proof is all that is required.</p> <p>2. Where, in a suit for specific performance, the title tendered is valid, but the administration of proof is necessary to establish such validity, the Court will exercise its discretion under Act 229 of 1910 and tax the costs of the lower Court upon the plaintiff, though he be successful.</p>