St. Paul v. Louisiana Cypress Lumber Co.

Citations

• 116 La. 585
• 40 So. 906
• 1906 La. LEXIS 534

Syllabus

<p>1. Taxation—Tax Sales—Defective Title —Knowledge op Purchaser.</p> <p>The defendant, under the law, must be held to have known of the defectiveness of his title.</p> <p>2. Same—Adverse Claim.</p> <p>The land was owned originally by plaintiffs’ ancestor. The legal representative of defendant knew that a patent had been issued in the name of patentee years ago.</p> <p>3. Same—Illegal Sale.</p> <p>The land in controversy illegally passed to the state at tax sale in 1867.</p> <p>4. Same—Insufficient Return.</p> <p>It does not appear that any return was ever made to the state showing forfeiture of the land.</p> <p>5. Same—Description.</p> <p>The asserted description did not describe.</p> <p>6. Same—Transfer bt State.</p> <p>The land was not transferred under the forms required by the state to the levee board.</p> <p>7. Same.</p> <p>The tax title was a nullity.</p> <p>8. Adverse Possession—Trespasser.</p> <p>The defendant never had such possession of the land as gave it a right to invoke and sustain the plea of prescription.</p> <p>9. Trespass—Cutting Timber—Measure of Damages.</p> <p>The defendant took away the trees on the Hand. Although error, it is liable for their value after conversion into lumber.</p> <p>10. Logs and Logging—Measurements.</p> <p>The number of feet was fixed according to the customary rule of measurements.</p> <p>(Syllabus by the Court.)</p>