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Griggs v. Martin

170 So. 355 (La. Ct. App. 1936)
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Griggs v. Martin

2 Citing cases

  1. Deselle v. Bonnette

    251 So. 2d 68 (La. Ct. App. 1971)   Cited 8 times
    In Deselle v. Bonnette, 251 So.2d 68 (La.App. 3rd Cir. 1971), there was also a common author, and we stated and followed the established rule that "where both plaintiff and defendant trace their titles to a common author, plaintiff is not required to prove his title beyond the common author."

    In so holding, the court relied on cases decided before the adoption of the new Code of Civil Procedure in 1960, which held that if the defendant in a petitory action has possession without a title translative of ownership, the plaintiff need only establish a better title than defendant, Kernan v. Baham, 45 La. Ann. 799, 13 So. 155 (1893); In re St. Vincent de Paul Benevolent Association of New Orleans, 175 So. 140 (Orl.App. 1937); Peters v. Crawford, 185 So. 716 (La.App., 2d Cir. 1939); Booksh v. New Iberia Sugar Company, 115 La. 516, 39 So. 545 (1905). See also Hutton v. Adkins, 186 So. 908 (La.App. 1939); Griggs v. Martin, 170 So. 355 (La.App. 1936); Mower v. Barrow, 16 La. App. 227, 133 So. 782 (1931); and Zeringue v. Williams, 15 La. Ann. 76 (1860). As we understand this case, it involved an action to try title rather than a petitory action.

  2. J. H. Jenkins Contractors, Inc. v. Farriel

    246 So. 2d 340 (La. Ct. App. 1971)   Cited 10 times

    Our courts have repeatedly held that a plaintiff who institutes a petitory action against one who claims not by title, but by possession only, need not adduce evidence disclosing a perfect title, but must exhibit some color of title. Doles v. Cockrell, 10 La. Ann. 540; Kernan v. Baham, 45 La. Ann. 799, 13 So. 155; Slattery v. Heilperin Leonard, 110 La. 86, 34 So. 139; Mower v. Barrow, 16 La. App. 227, 133 So. 782; Griggs v. Martin, La. App., 170 So. 355. In Baldwin v. Arkansas-Louisiana Pipe Line Co., 185 La. 1051, 171 So. 442, plaintiff, claiming under an omnibus description deed, brought a petitory action against a lessee whose lessor held recorded title by mesne conveyance specifically describing the property involved.