Succession of Stiles

Citations

• 11 Teiss. 208
• 1914 La. App. LEXIS 48

Syllabus

<p>Syllabus.</p> <p>1. Cohabitation, common r.epute, and. the declaration of the parties that marriage took place, are but presumptive evidence of such marriage, and will not suffice to establish same in the face of direct evidence that no such marriage took place; to-wit: evidence that no license ever issued for such marriage, in the parish in which such marriage is said to have taken place, and the sworn declaration of the possible celebrants that they performed no such marriage.</p> <p>2. An ex parte judgment sending one in possession of an .estate as heir, can never acquire the force of res judicata or of title to property, and hence affords no such basis for the prescription of either one or ten years.</p>