Trellieu Cypress Lumber Co. v. Albert Hansen Lumber Co.

Citations

• 121 La. 700
• 46 So. 699
• 1907 La. LEXIS 778

Syllabus

<p>1. Taxation — Sale op Land fob Nonpayment op Tax.</p> <p>The present is a petitory action. The-property involved in this litigation stood assessed in the year 1889 for the taxes of that year in the name of the original owner of the tract, and also in the name of S., who claimed to be the owner there by mesne conveyances under P. The taxes of that year were duly paid, and the state ceased thereby to be a creditor on that property for those taxes, no matter by whom the taxes were paid. Not being a creditor, it had no legal right to sell the property for the-taxes of 1889. None the less it offered the property for sale and had it adjudicated to itself. It was then transferred by it to the Atchafalaya Basin levee district, which sold it to the defendant without warranty, declaring that it conveyed only the title it had acquired from the state. The state, having no title by the adjudication, conveyed none to the levee district, and the latter conveyed none to the defendant.</p> <p>2. Real Actions — Petitoey Action — Title, to Suppoet.</p> <p>In a petitory action, plaintiff has to recover on the strength of his own title, and not on the weakness of that of a defendant in possession. Plaintiff’s title, as exhibited in this case, does not entitle it to a judgment. It is thereforenonsuited. '</p> <p>[Ed. Note. — For cases in point, see Cent. Dig,, vol. 42, Real Actions, § 22.]</p> <p>3. Evidence — Documentary—Requisites of Certificate.</p> <p>Recorders, certifying to the recording of acts in their offices, should state the dates of the recording, as well as the books in which the recording was made. Knowledge that they were recorded on a certain page of Book A or B is ordinarily of no value to the court.</p> <p>Provosty, J., dissenting.</p> <p>On Rehearing.</p> <p>4. Evidence — Self-Serving Declarations.</p> <p>In a petitory action, in which both parties claim title through the original patentee, the declaration of the appearers to a notarial act confirmatory of plaintiff