49 La. Ann. 757 | La. | 1897
We direct our attention, fii’st to the judgments rendered by the State courts. The action brought there by the plaintiffs, the Gulf States Land and Improvement Company, was one known in law as an action of jactitation or slander of title.
Livingston vs. Heerman, 9 Martin (O. S.), 713, was an action of that kind. The jury rendered a verdict in favor of the plaintiff for the land referred to in the plaintiff’s petition, and judgment having been rendered accordingly, defendant appealed. On appeal, counsel on his behalf said: “ Defendant, though he had asserted his right to the
“The law applies according to the Spanish authority to defamation respecting property, as well as person, and that whether it be movable or immovable. Gregorio Lopez on the above cited law No. 2; Elizando Practico Universal, Vol. 2, p. 136. Now when a suit is commenced like the present is the defendant should do one of two things, either deny that he has said so, which would amount to a waiver of title, or admit the accusation, and aver his readiness to bring the suit. In the first alternative this court would proceed to try the fact whether he had defamed the title or not, and give damages accordingly. In the second they would order suit to be commenced. This it appears to me is the regular course. The object of this law was to protect possession; to give it the same advantages when disturbed by slander as by actual intrusion. To force the
Mr. Justice Matthews, in concurring in the opinion, said: “The law on which'this action is founded authorizes a judgment requiring -and compelling a person who speaks against the title of a bona fide ¿possessor, by asserting a right in himself, either to desist from such
We think that an esamination of the pleadings of the plaintiff and defendants in the original suit in the Civil District Court fully sustain the District Court in declaring, in refusing Chadwick’s motion for a new trial, that the idea which he entertained that the judgment as rendered remitted the parties to further litigation was unfounded, and that the issues referred to in the motion had been definitely disposed of. The defendant was well aware, as his motion showed, that he had advanced his own title in his pleadings, for he complained of the judgment that it had- not “ quieted him in his title.” Defendant in his pleadings set out fully his own title and attacks that set up by the plaintiff and joined issue with the latter as to his right to be accorded the judgment he prayed for. We are of the opinion, as was the District Court which rendered the decree, that the parties went to trial in that case upon the strength and merits of their respective titles, and that the judgment rendered definitively closed all future discussion as to the ownership of the property. It maintained the Gulf States Land and Im
The conclusions which we have reached as to effect of the judgments in the State court render unnecessary any expression of opinion as to those of the courts of the United States.
For the reasons herein assigned, it is ordered, adjudged and decreed that the judgment appealed from be and the same is hereby affirmed.
January 25,1892, the Gulf States Land and Improvement Company bi-ought suit against Edmond Chadwick in the Civil District Court for the parish of Orleans. Petitioners alleged that they were the owners of the property in the city of New Orleans claimed by plaintiff. They prayed that Chadwick be cited to appear and answer the petition; that after due proceedings there be judgment in petitioners’favor protecting them in their possession of the property, and forever enjoining the defendant from disturbing said possession or enjoyment by slander, actual, intrusive or otherwise; that their title be recognized as valid and that Chadwick be ordered to secure the cancellation of the inscription of his pre
The defendant, for answer, first pleaded the general issue. Further answering, he averred that he purchased property from the owner for seven hundred and fifty dollars, in entire good faith; that prior to said purchase, and prior to the execution of any pretended deed to the plaintiffs, he, defendant, went to Negrotto for the purpose of effecting a compromise; that Negrotto seemed favorably disposed and informed him that a compromise was generally effected on the basis of one-third of the assessment of the property; that then the defendant in good faith purchased said property from the owner thereof and returned again to the said Negrotto, fully intending to arrange and compromise the matter with him in an amicable manner; that on his second visit to Negrotto he was received in an unfriendly and uncompromising manner, and that even after the institution of the then pending suit he went again to Negrotto, but was unable to compromise. He averred that his said purchase «nd the inscription thereof constituted no slander of title to any property owned by the plaintiffs, and he specially denied that the plaintiffs had been damaged in any sum whatever.
The District Court, on the 27th of June, 1892, rendered judgment in favor of the plaintiffs and against the defendant, ordering, adjudging and decreeing “that there be judgment in favor of the plaintiffs, the Gulf States Land and Improvement Company, and against the defendant Edmond H. Chadwick,maintaining said plaintiffs in their possession of the property, described in their petition; enjoining said Edmond H. Chadwick from disturbing said possession by slander of title, actual, intrusive or otherwise, and directing that said Edmond I-I. Chadwick cause to be canceled from the records of the conveyance office the inscription and registry of his pretended title from Mrs. Elizabeth Gilman of the property in question, otherwise that the same be canceled at his expense.” It was further ordered, adjudged and decreed that said Edmond H. Chadwick be condemned to pay to plaintiffs, the Gulf States Land and Improvement Company, the sum of one hundred dollars, as damages and costs.
Defendant moved tor a new trial on the following grounds:
“ l. The judgment was contrary to the law and the evidence.
“2. The evidence showed that plaintiffs had no title, and that defendant had a good title.
“ 3. No damages were proved and no malice shown, and the judgment for one hundred dollars damages was erroneous.
“ 4. The judgment ought to have dismissed plaintiffs’ suit and quieted defendant in his title, without remitting the parties to further litigation.”
The court refused the-rehearing, assigning as its reason that “ it considered that the issues presented in the rule for a new trial had been previously disposed of and the judgment rendered should remain undisturbed.”
Defendant appealed to the Circuit Court of Appeals. That court on appeal amended the judgment by allowing plaintiffs the sum of two hundred and fifty dollars as damages, but otherwise affirmed the judgment.
Subsequently, Edmond H. Chadwick brought in the Circuit Court of the United States, at New Orleans, a petitory action for this property against the Gulf States Land and Improvement Company.
On the 31st of May, 1891, judgment was rendered in the case in the following terms:
“By reason of the verdict of the jury herein and in accordance therewith, it is ordered, adjudged and decreed that there be judgment in favor of the defendants, Gulf States Land andlmprovement Company, and against the plaintiff,E. H. Chadwick, dismissing this suit with costs.”
Plaintiffs having appealed from this judgment to the Circuit Court of Appeals, the judgment was by that court affirmed.