Teddlie v. Riser

Citations

• 121 La. 666
• 46 So. 688
• 1908 La. LEXIS 736

Syllabus

<p>1. Action — Change of Character or Form.</p> <p>An action which at its institution is an action of jactitation, with the onus of proof on the plaintiff, may assume before its termination the character of a petitory action, with the burden of proof on the defendants, by reason of the line of defense adopted by the defendants in respect to the issues tendered by the plaintiff.</p> <p>2. Real Actions — Petitory Actions — Title to Support Action.</p> <p>In a petitory action, the success of the plaintiffs therein depends on their making good their own title, not on their disclosing weakness in that of the defendant.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 42, Real Actions, § 22.]</p> <p>3. Same.</p> <p>Plaintiffs in a petitory action claimed that in a certain act of purchase and sale between the defendant in the suit and their own mother the property transferred in the act was purchased by the latter as their tutrix, for them and not for herself individually. The act itself being lost or destroyed, recourse was had to parol testimony to establish its contents. That testimony established that the property was purchased by the mother individually, and was later resold by her to the defendant. The testimony showing that plaintiffs never acquired ownership of the property, they, as claiming ownership, had no further concern in the title.</p> <p>4. Executors and Administrators — Privileges — Allowances to Surviving Wife and Children.</p> <p>A widow, with minor children, in necessitous circumstances, received from the succession of her husband $1,000 under the provisions of article 3252 of the Revised Civil Code. Be-mg in possession of that money under those circumstances, she purchased individually certain real estate with part of the same; the seller of the property being aware of the origin of the fund. The children, coming of age, claimed that the property purchased by their mother belonged to them, and that therefore she could not alienate it. Held,