West v. Negrotto

Citations

• 52 La. Ann. 381

Syllabus

<p>Syllabus.</p> <p>The adjudication of property to the State at a sale made in enforcement of State taxes, does not cut off the city taxes upon the property, and when such property is afterward sold by the State, under Act No. 82, of 1884, the purchaser not only takes the property,cum micro, but is bound personally, under his bid, to pay the city taxes.</p> <p>On liis failure so to do, rite city has the right to enforce the same and bid in tbe property.</p> <p>If, at the expiration of the term for redemption, the city authorities transfer the property to a third person who brings a petitory action to recover the same, the purchaser from the State can not, while not contesting the city’s title or proceedings, successfully defend the suit by collaterally attacking tbe authority of the city officials to transfer the property.</p> <p>Defendant, in a petitory action, has the right to set up, as against plaintiff’s demand, the existence of an outstanding title in a third person, but the outstanding title must be a valid, legal, subsisting title, better than that of the plaintiff.</p> <p>where an outstanding title in a third person is set ftp, and plaintiff produces a title from that person himself, defendant can not attack it for relative nullities, but it must stand until set aside by a proper proceeding, between the parties in interest themselves.</p> <p>02» APPMOATIOX JW ItBHDABIXG.</p> <p>The sale of property by the State for the payment of her taxes vests, in the purchaser a title, legal on the face of the papers, unless it thereon appears, otherwise.</p> <p>When the State sells properly for taxes and the papers show a title prima faeil-legal, the purchaser, although after subsequent judicial Investigation the-title is found null, is not a possessor in bad faith if he is, not guilty of fraud or deception of any kind. ■</p> <p>The purchaser is entitled to his improvements placed on the property prior to-the suit, also to taxes paid, and to possession of the property