315 So.3d 306
La. Ct. App.2021Background
- Plaintiffs (Heirs of John Beckwith LLC, Price Heirs LLC, others) sued to be recognized as 100% owners of the North 10 acres of the SW¼ of Sec. 19, T19S R18E in Plaquemines Parish, tracing title to an 1874 State patent to John Beckwith.
- Defendant Nathan Sims recorded a 1993 tax deed (claiming 95%); Ethel Jones recorded a 1992 tax deed (5%). Plaintiffs amended their petition to seek declaratory relief fixing ownership under La. C.C.P. art. 3654 and to remove clouds on title.
- Plaintiffs moved for summary judgment; the trial court granted it on January 29, 2020, recognizing Plaintiffs as owners and denying Sims’s exceptions (vagueness, no cause, non-joinder, prescription/acquisitive prescription).
- Sims appealed, arguing (inter alia) the petition was vague/no cause of action, necessary public entities were not joined, the 1993 tax sale gave him valid title (and prescriptive protection), and he had acquired the land by 10-year acquisitive prescription.
- Key factual dispute: whether an early 1905 State→Grand Prairie Levee Dist. transfer and the 1910 sale to Millard Baker (and later chain ending in the 1993 tax deed) were valid, versus plaintiffs’ chain from the 1874 patent.
- Trial court concluded plaintiffs’ declaratory action was proper, the State/GPLD transfers could not have conveyed privately owned land, the 1993 tax sale was an absolute nullity as to taxes already paid, and Sims failed to carry his burden to prove acquisitive prescription.
Issues
| Issue | Plaintiffs' Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of petition / dilatory exception (vagueness) | Petition fairly pleads ownership/declaratory relief under art. 3654 and gives adequate particulars | Petition ambiguous about theory (nullity, petitory vs possessory) and alleged judicial confession about possession | Court: petition adequately informed Sims; denial of vagueness exception affirmed |
| No cause of action | Suit seeks declaratory judgment and removal of clouds under art. 3654; states claim to title | Plaintiffs should have brought an action of nullity to attack tax sale | Court: art. 3654 permits determination of ownership; petition states a cause of action; denial affirmed |
| Failure to join public entities (Plaquemines Sheriff, Assessor, Parish/GPLD successor) | Only parties with an ownership interest are necessary; complete relief can be afforded among existing parties | Those entities had roles in taxes/assessment/GPLD transfer and are needed for adjudication | Court: joinder not required under La. C.C.P. 641; denial of non-joinder exception affirmed |
| Validity of 1993 tax sale and constitutional peremption (challenge barred) | Tax deed is prima facie valid; sale protected by peremptive/redemption rules | Tax sale is an absolute nullity because plaintiffs or predecessors paid taxes; peremption does not bar attack on prior payment | Court: where taxes were previously paid (or dual-assessed), tax sale is an absolute nullity not cured by constitutional peremption; challenge allowed |
| Acquisitive prescription (10-year prescription / just title & possession) | Sims: tax deed gives just title; paid taxes and used property (hunting/fishing) for decades => acquisitive prescription in good faith | Plaintiffs: Sims failed to prove continuous, public, unequivocal corporeal possession necessary for 10-year acquisitive prescription | Court: although Sims had a deed in form (just title), he failed to prove the necessary continuous/unequivocal possession; summary judgment for plaintiffs and prescription exception denied |
Key Cases Cited
- Gulf Oil Corp. v. State Mineral Bd., 317 So.2d 576 (La. 1974) (state officials could not lawfully convey beds of navigable waters; patents conveying such lands are null and cannot be ratified by prescriptive statutes)
- Winkler v. (unnamed), 239 So.2d 484 (La. App.) (October 1910 GPLD sale and subsequent patents conveying navigable/insusceptible lands were null; levee board lacked authority to convey such beds)
- La Caze v. Boycher, 80 So.2d 583 (La. App. 1 Cir. 1955) (tax sale of property for taxes previously paid is an absolute nullity and not cured by constitutional peremption)
- Cressionnie v. Intrepid, Inc., 879 So.2d 736 (La. App. 1 Cir. 2004) (confirms that prior payment of taxes is a defense not barred by the constitutional peremptive period)
- Wood v. Zor, Inc., 154 So.2d 632 (La. App. 4 Cir. 1963) (an invalid sale may nevertheless supply just title sufficient to support acquisitive prescription if possession and other requisites are shown)
- Hill v. Pipes, 107 So.2d 409 (La. 1958) (a patent duly signed by Governor and Register becomes unassailable after six years under the statute for annulling patents)