Woodcock v. Baldwin

Citations

• 110 La. 270
• 34 So. 440
• 1902 La. LEXIS 189

Syllabus

<p>RES JUDICATA — WHAT CONSTITUTES — SALE-WARRANTY OF TITLE-ESTOPPEL-PRESCRIPTION — PETITORY ACTION.</p> <p>1. The doctrine of the common law courts that res judicata includes not only everything pleaded in a cause, but even that which might have been pleaded, does not obtain generally under our system.</p> <p>2. In Louisiana the doctrine is much more restricted than in common law States. It is of statutory declaration and its scope and extent is defined and limited by the codal provisions of the law.</p> <p>3. The authority of the thing adjudged takes place only with respect to what was the objeet of the demand. The thing demanded must be the same and the demand must he founded on the same cause of action.</p> <p>4. A party who sells certain real property with warranty of title and with a guaranty against debts and claims is not estopped to claim from the vendee rents for the property growing out of his occupation of it prior to his purchase.</p> <p>' 5. A petitory action claiming ownership of property and rents therefor is a continuous interruption of prescription, as to the claim for rents, until the final determination of the cause.</p> <p>6. A possessor in good faith is accouutable for the fruits of the thing possessed from the time the true owner makes demand for restitution.</p> <p>Breaux, J., dissenting.</p> <p>(Syllabus by the Oourt.)</p>