Marsh v. Sevin
This text of 28 La. Ann. 326 (Marsh v. Sevin) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is a petitory action. Plaintiff claims the property in [327]*327dispute by right of succession from her father and mother. The evidence in support of her title is an alleged “ deed in trust,” which has been lost, and of which there is no record.
In Louisiana this is no title. In a petitory action the plaintiff must recover entirely upon the strength of his own title, and not upon the weakness of his adversary’s, and as the plaintiff here has shown no title she must suffer nonsuit.
It is therefore ordered, adjudged, and decreed that the judgment of the district court be avoided, annulled, and reversed, and that there be judgment in favor of the defendant as in case of nonsuit, plaintiff to pay costs in both courts.
Rehearing refused.
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Cite This Page — Counsel Stack
28 La. Ann. 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marsh-v-sevin-la-1876.