2 Rob. 461 | La. | 1842
The petition states that the late Jean Gravier was the owner of a piece of land in the city of New Orleans, being part of square, No. 15, included between St. Marc, Magde-leine, Perdido, and Poydras streets, having a front on Magdeleine street of 365 feet 5 inches, and a depth of 69 feet 3 inches, which has never been alienated, and belongs to the succession of said Gravier. To this property it is alleged that the defendant sets up a claim, and thereby slanders the title of Gravier. It is, therefore, prayed, that McDonough be compelled to produce his title ; that it be declared null and void ; and that he be compelled to desist from setting up any further claim, and to pay damages:
The defendant denies the plaintiff had either possession or title ; sets up title in himself; and pleads the prescription of ten years.
It was shown that the ground in controversy formed a portion of the tract of land which formerly belonged to Jean Gravier. On the part of the defendant it was established that, in 1820, Jean Gravier mortgaged to J. W. Oddie a piece of ground, having 400 feet front on Perdue and Girond streets, running back 900 feet be
The District Judge gave a judgment for the defendant, and the plaintiff has appealed.
When the piece of ground was first mortgaged and sold, it was not divided into squares ; .this was done afterwards; and as Gravier was proprietor of the surrounding property, it was important to him that the streets should continue through it. The vendor of the defendant was not bound to permit this without compensation. It may, therefore, be well supposed that Gravier was disposed to make him some remuneration, although the fact is not proved further than his acts show it. But it is to be presumed that Gravier knew the premises well, as he had been the owner of them, and had caused a plan or survey of them to be made. He leased with reference to this plan. The boundaries were fixed. He admitted the possession of the defendant to that
We think the District Judge did not err in considering the lease as an acknowledgment, on the part of- Gravier, that the possession of the defendant, under his title, extended to Magdeleine street ; and this being the case, he, and those under whom he claims, have held under titles translative of property, and by boundaries admitted by the former claimant. We are, therefore, of opinion that the plea of prescription must prevail.
Judgment affirmed.