Willis v. Ruddock Cypress Co.

Citations

• 108 La. 255

Syllabus

<p>Syllabus.</p> <p>1. Where, in the answer to a petitory action, a tax title is set up, such tax title is open to every objection of law or fact the plaintiff may have to urge against the same, just as if such objections had been specifically pleaded in the petition.</p> <p>2. In 1873 a justice of the peace had jurisdiction of a suit brought by the tax collector to recover an amount of less than $100.00 due for State taxes.</p> <p>3. In such a suit the tax collector did not need to be represented by the District Attorney. If it had been necessary that he should be thus represented, after the judgment and after the lapse of twenty-five years, the presumption would be, In the absence of proof to the contrary, that he was so represented.</p> <p>i. A sale made under the judgment in such a suit did not need to be approved by the Auditor; except as a matter affecting the right to pay costs out of State funds.</p> <p>5. In the case of a judgment rendered by a justice of the peace court more than twenty-five years ago, in the absence of proof that the defendant was dead at the time the suit was brought and prosecuted to judgment, the1 presumption will be ■ that the defendant was living; the justice of the peace court not being a court of record.</p> <p>6. Where the defendant has died after the rendition of judgment, and his heirs are unrepresented or unknown, the justice of the peace may appoint a cu/rator ad hoc on whom notice of seizure may be served.</p> <p>7. In a petitory action against a defendant claiming title by patent from 'the State, the plaintiff is without interest to urge that the officers of the State were without authority to dispose of the land by patent. The title, if still in the State, would defeat the suit of plaintiff-just as effectively a3 if vested in defendant.</p> <p>8. In the description of property, according to the maps of the United States surveys, an error in the number of the range is immaterial where the description is otherwise sufficient