When the heirs of Zalan Vincent instituted this suit, they accepted her succession and became bound by her warranty. Cook v. Martin, 188 La. 1063, 178 So. 881. The precise issue here involved was considered by the Supreme Court of Louisiana in Cochran v. Gulf Refining Company, 1916, 139 La. 1010, 72 So. 718, 721.
Griffing, 151 La. at 452, 91 So. at 836. For similar applications, see Cook v. Martin, 188 La. 1063, 1064, 178 So. 881 (1938); Cherami v. Cantrelle, 174 La. 995, 998, 142 So. 150, 151 (1932); Berry v. Wagner, 151 La. 456, 475, 91 So. 837, 844 (1921); Cochran v. Gulf Ref. Co. of Louisiana, 139 La. 1010, 72 So. 718 (1916); Smith v. Elliot, 9 Rob. (LA) 3 (1844); Walker v. Fort, 3 La. 535, 536 (1832); Wilturner v. Duhon, 284 So.2d 138, 139 (La. App. 3 Cir. 1973); Butler v. Butler, 212 So.2d 213 (La. App. 2 Cir. 1968), writ refused, 252 La. 877, 214 So.2d 548 (1968); Humble Oil, 154 So. 2d at 248-49. The Griffing form of estoppel by deed is urged here.
The title of the defendant is not at issue until plaintiff has proved valid title in himself. Cook v. Martin, 188 La. 1063, 178 So. 881 (1938); Waterman v. Tidewater Associated Oil Company, 213 La. 588, 35 So.2d 225 (1947); Collins v. Sun Oil Company, 223 La. 1094, 68 So.2d 184 (1953); Hall v. Walker, 223 La. 919, 67 So.2d 177 (1953). The judgment signed by the trial judge was in error in declaring Corine Breaux the legal owner of the immovable property involved.
The remaining issue is whether the plaintiff has proven an apparent valid title to the subject property, the recovery of which, if at all, must rest upon the strength of his own title. Baird v. Atlas Oil Co., 146 La. 1091, 84 So. 366; Cook v. Martin, 188 La. 1063, 178 So. 881; Waterman v. Tidewater Associated Oil Co., 213 La. 588, 35 So.2d 225; Collins v. Sun Oil Co., 223 La. 1094, 68 So.2d 184. Code of Practice, Articles 43, 44. In his petition plaintiff alleged that he is the lawful owner of an undivided one-fifth interest in the tracts described in sub-paragraphs (a) and (b).
Articles 43 and 44 of the Code of Practice; Albritton v. Chilers [Childers], 225 La. 900, 74 So.2d 156; Thurmon v. Hogg, 225 La. 263, 72 So.2d 500; Parham v. Maxwell, 222 La. 149, 62 So.2d 255; Waterman v. Tidewater Associated Oil Co., 213 La. 588, 35 So.2d 225; Dugas v. Powell, 197 La. 409. 1 So.2d 677; Cook v. Martin, 188 La. 1063, 178 So. 881; Smith v. Chappell, 177 La. 311, 148 So. 242. Before discussing the respective contentions of the parties, we think it appropriate to restate some fundamental principles regarding the acquisition of title to immovables in Louisiana, subject to which all parties herein acquired their alleged interest in the lands presently in question.
" This doctrine was reaffirmed in the recent case of Stockstill v. Choctaw Towing Corporation, 224 La. 473, 70 So.2d 93. In Cook v. Martin, 188 La. 1063, 178 So. 881, 882, with reference to the petitory action, we observed: "This being a petitory action, the plaintiffs must rely on the strength of their own title and not on the weakness of the defendants' title, which is not at issue until the plaintiffs have proved an apparent valid title in themselves. Article 44, Code Prac.; Thomas Bullis v. Stricker Land Timber Co., Inc., 181 La. 784, 160 So. 413; Smith v. Chappell, 177 La. 311, 148 So. 242; Mecom v. Graves, 148 La. 369, 86 So. 917.
In this petitory action the plaintiffs must rely on the strength of their own title and not the weakness of the defendant's titles unless the plaintiffs have proved an apparent valid title in themselves. Article 44 of the Code of Practice; Thomas Bullis v. Stricker Land Timber Co., Inc., 181 La. 784, 160 So. 413; Cook v. Martin, 188 La. 1063, 178 So. 881; Chachere v. Superior Oil Co., 192 La. 193, 187 So. 321. It appears that Dr. Collins died in the year 1939, approximately twenty years after the Clarendon Boat Oar Company and P. F. Duckworth had purchased the 12 foot strip, constructed the building and maintained a road thereon.
It is the settled jurisprudence of this court that the title of the defendant in a petitory action is not put at issue until the plaintiff has proved an apparently valid title in himself. Cook v. Martin, 188 La. 1063, 178 So. 881; and Chachere v. Superior Oil Co., 192 La. 193, 187 So. 321, and the authorities therein cited. In this respect, the plaintiff has totally failed.
She is estopped to deny the warranty. Stokes v. Shackleford, 12 La. 170; Schultz v. Ryan, 131 La. 78, 59 So. 21; Cherami v. Cantrelle, 174 La. 995, 142 So. 150; Soule v. West, 185 La. 655, 170 So. 26; Cook v. Martin, 188 La. 1063, 178 So. 881. This is especially true in view of the fact that the 60 acres really belonged to Mrs. Sale, she having owned all of the stock of the Sale Oil Development Company.
Article 690. (Italics ours.) See, also, Article 695 of the Code of Practice; Washburn v. Green, 13 La.Ann. 332; McCall v. Irion, 41 La.Ann. 1126, 6 So. 845; and Cook v. Martin, 188 La. 1063, 178 So. 881. The second ground is also without merit.