Welsch v. Augusti

Citations

• 52 La. Ann. 1949

Syllabus

<p>Syllabus.</p> <p>1. Where the rental value of property which plaintiff recovers in a petitoryaction has been established, up to the date of the trial, it will be taken as-the continuing value of the same, up to the date of the delivery to the plaintiff. Judgment for future rent will be given on that basis.</p> <p>2. The probative force of a tax deed is much weakened when its recital as to notice instead of being specific, consists in the mere transcription therein, of the sweeping recital from the tax collector’s general proces verbal of tax sales, that he had given notice to all of the tax payers therein named, in one-of the methods required by law.</p> <p>3. A person claiming ownership of property in the city of New Orleans under a tax sale made under Act No. 85 of 1888, must sustain the deed’s recital of notice, by evidence aliunde, when the owner of the property denies the fact of such notice having been given and supports his denial by his testimony.</p> <p>4. An ex parte order of court directing the issuing of a writ to the sheriff to place the adjudicatee at a tax sale in possession of the property purchased, furnishes no basis for a plea of res judicata as to the ownership of the property under the tax proceedings. The owner of the property is not estopped from claiming ownership by the execution of such a writ by the sheriff by notice by him to a lessee to leave the premises and the subsequent attornment of the lessee to the tax adjudicatee.</p> <p>5. Actual possession for three years by an adjudicatee of property purchased at a tax sale, protects him against an action to invalidate the tax title, but does not bar the bringing of a petitory action for the property where the-tax title is so radically null as to justify its being ignored. (LeSeigneur vs. Bessan, 52 Ann. 187.)</p>