City of Shreveport v. Marks

41 So. 444, 117 La. 143, 1906 La. LEXIS 659

• Court: Supreme Court of Louisiana
• Decided: June 4, 1906
• Docket: No. 16,029
• Status: Published

Opinion

PROVOSTY, J.

This is a petitory action, and the land in controversy is the same as that involved in the suit of Railroad Lands Company v. City of Shreveport (this day decided) 41 South. 443¹ in that suit it was held that the city of Shreveport had no title, whereas the Railroad Lands Company had a title which had been repeatedly recognized and was apparently good. Defendants rely upon their possession, and also plead this outstanding title in a third person against plaintiff's demand. The latter defense is good. The suit is petitory, and a petitory action is defeated by the proof of an outstanding title better than plaintiff’s.

Judgment affirmed.

LAND, J., Recused.

1 Ante, p. 140.