Willett v. Andrews

Citations

• 51 La. Ann. 486
• 25 So. 391
• 1899 La. LEXIS 427

Syllabus

<p>Syllabus.</p> <p>1. In petitory action plaintiff must recover on the strength of his own titter not on the weakness of his adversary’s.</p> <p>2. If tbe case fails on tbe weakness and insufficiency of bis showing title, it ought to end there and then, and consideration of tbe title presented by defendant, and of tbe special defenses urged, becomes unnecessary.</p> <p>3. A son claiming inheritance from father alleged to be dead, must prove bis death, or make out a ease from which death may be legally presumed, else he fails on the issue raised as to his acquisition by inheritance.</p> <p>4. The death of an absentee who is less than one hundred years old, is not to be presumed.</p>