No. 80-C-1517
Precedential
Processed
McCoy v. Toms
Also decided on this docket: La., October 20, 1980 392 So. 2d 1055
McCoy v. Toms, 388 So. 2d 1161 (La. 1980).
Cited by
- Miller v. White 539 So. 2d 1268 La. Ct. App. 3d Cir. 1989
Opinion text
LEMMON, Justice, concurring. Defendant did not possess in the name of or for another; he simply acknowledged to third parties the name of the party he thought was the record owner, while possessing adversely to that party. Nevertheless, defendant’s possession did not span thirty years, and since his deed transferred only the improvements, he cannot tack on the adverse possession of his ancestor. The result is correct. On Motion for Reconsideration. In Re Lloyd Toms, applying for reconsideration of denied writ of September 26, 1980. Not considered. See Rule IX, Sec. 6 and C.C.P: 2166.