Williams' Heirs v. Zengel

Citations

• 117 La. 599
• 42 So. 153
• 1906 La. LEXIS 738

Syllabus

<p>1.Appeal — Filing Answer — Reassignment op Case.</p> <p>The three days for filing an answer to the appeal are computed from the day for which the case has been reassigned, when the first assignment has been set aside by consent of parties,</p> <p>2. Pleading — Oyeb op Title — Action op Jactitation.</p> <p>A defendant in an action of jactitation is not entitled to oyer of plaintiff’s title. Until he has answered, and, by way or reconvention, set up title, the only issues involved are possession, vel non, by plaintiff; and slander, vel non, by defendant, on which issues oyer of title cannot be asked; and after he has answered and claimed title he occupies the position of plaintiff in a petitory action, and the plaintiff in a petitory action cannot claim oyer of the defendant’s title.</p> <p>3. Venue — Action op Jactitation.</p> <p>The suit in jactitation is a form of the action in revendication, and, when against a succession, does not have to be brought before the court in which the succession is pending, but may be brought in the parish where the property is situated.</p> <p>4. Same — Suit in Damages.</p> <p>But, when such a suit is brought in the court of another parish than that where the succession is pending, a suit in damages cannot be coupled with it. Such demand for a purely money judgment must be prosecuted before the court in which,the succession is being administered.</p> <p>5. Same — Suit Against Administeatoe.</p> <p>A suit against the administrator of a succession, individually, on a’ liability alleged to have grown out of his personal acts, must be brought before the court of his domicile, for example, a suit growing out of his act in maliciously causing property to be inventoried as belonging to the succession he administers, though well knowing that it does not.</p> <p>[Ed. Note. — For cases in point, see vol. 48, Cent. Dig. Venue, § 34; vol. 22, Cent. Dig. Executors and Administrators, §§ 1726-1728.]</p> <p>6. Slandee —' Action poe Jactitation —