City of Shreveport v. Marks

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. 443 1 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. Ante, p. 140.