No. 666 Precedential Processed

Plumb v. Hammond Lands, Inc.

Louisiana Court of Appeal, First Circuit · Filed October 8, 1930 · 130 So. 257

Also decided on this docket: La. Ct. App. 5th Cir., July 2, 1962 143 So. 2d 284

Cited by

Distinguished in 1

O'BRIEN v. Traders and General Insurance Company 136 So. 2d 852 La. Ct. App. 1st Cir. 1962
La Borde v. McBride 112 So. 2d 319 La. Ct. App. 1st Cir. 1959
O'CONNOR v. American Mutual Liability Ins. Co. 87 So. 2d 16 La. Ct. App. 1st Cir. 1956
Amyx v. Henry & Hall 79 So. 2d 483 La. 1955
Johnson v. United States Fidelity & Guaranty Co. 58 So. 2d 261 La. Ct. App. 2d Cir. 1952
Frazier v. Malone 45 So. 2d 370 La. Ct. App. 3d Cir. 1950
Lawrence v. Southern Advance Bag Paper Co. 22 So. 2d 301 La. Ct. App. 1st Cir. 1945
Nesmith v. Reich Bros. 14 So. 2d 767 La. 1943
Collins v. Smith 13 So. 2d 72 La. Ct. App. 1st Cir. 1943
Spanja v. Thibodaux Boiler Works 2 So. 2d 668 La. Ct. App. 1st Cir. 1941
Hardware Mut. Casualty Co. v. Standard Coffee Co. 2 So. 2d 89 La. Ct. App. 1st Cir. 1941
McDaniel v. Federal Underwriters 2 So. 2d 289 La. Ct. App. 1st Cir. 1941

Opinion text

LeBLANC, J. This controversy is over the ownership of a tract of land of 80 acres which formerly formed part of a larger body of approximately 2400 acres. The plaintiffs make their claim for ownership through a chain of title dating as far back as the United States government. The defendant and its warrantors, Columbus Reid and J. Barney Arnold, both called on to defend the title, rely on the prescription of ten years. All parties offered their title deeds in evidence, and we find in the note of testimony an agreement between counsel that, instead of filing certified copies of all the acts offered or to be offered in evidence, abstracts of the various acts may be substituted therefor. We fail to find any such abstracts in the record. To acquire title to immovables by the form of prescription under which the defendant and his warrantors claim, a title must be shown ,which shall be legal, and sufficient to transfer the property.” Revised Civil Code, article 3479. Besides, it is necessary (1) that the title be valid in point or form; (2) that it be certain; and (3) that it be proved. Revised Civil Code, article 3486. Without the titles before us, or their proof by abstracts, if the latter be sufficient, we would not undertake to determine the title and ownership of the land in controversy on the issue of possession, which is the sole defense here presented. To the end that it may be properly considered, we deem it better to remand the case to the lower court for completion of the record, and It is now ordered that it be remanded for that purpose.