66 So. 318 | La. | 1914
Statement of the Case.
Plaintiff brought this suit, under Act 101 of 1898, to confirm title to six lots of ground, and obtained judgment, as prayed for, as to five of them. It has appealed from the judgment dismissing, as in case of nonsuit, its demand as to the other, and the curator appointed to represent the former owners has answered the appeal, praying that the judgment be reversed as to. the five lots.
Opinion.
“Valentin Baptiste a certain lot of ground, together with all the rights, * * * situate * * * in the parish of Orleans, right bank of the River Mississippi, making part of the property known as ‘Verret’s Plantation,’ in the half square bounded by Eveline, Le Boeuf, and Market streets and the line which divides said Verret’s plantation from the property belonging to the heirs of Oscar Robelot. The said lot of ground beginning at a distance of 60 feet from the corner of Eveline street and measuring 153 feet, more or less, in depth, from said Le Boeuf street to the line of the property of the heirs of O. Robelot.”
The only additional light upon the subject comes from the testimony of plaintiff’s counsel, and is not particularly illuminating. He says:
“I have examined an abstract of the square of ground in which Baptiste Valentin or Valentin Baptiste’s property is situated; and I found that the only property owned by Valentin Baptiste or Baptiste Valentin is that described in the sale by Bernard to Valentin Baptiste or Baptiste Valentin heretofore offered in evidence.”
But “the half square bounded by Eveline, Le Boeuf, and Market streets, and the line which divides said Verret’s plantation from the property belonging to the heirs of Oscar Robelot,” does not appear, to be the “square No. 110, bounded by Market, Le Boeuf, Canal, and Eveline streets”; nor does a lot “beginning at a distance of 60 feet from the corner of Eveline street and measuring 153 feet, more or less, in depth, from said Le Boeuf street, to the line of the property of the heirs of Robelot,” at all identify a lot measuring, “30 feet front on Market street, by 123 feet in depth, forming the corner of Market street and Le Boeuf street.” As we take it, Canal street, as given in one description, and “the line of the property of the heirs of Robelot”
It is therefore ordered that the judgment appealed from be amended in so far as that plaintiff’s demand for confirmation of title to “one certain lot of ground, in McDonoughville, designated as lot No. 12, of square No. 19, bounded by Monroe (now Teche), Madison (now Brooklyn), Decatur (now Diana) , and De Armas streets,” referred to in the petition as having been adjudicated to the state for taxes assessed in the name of John Butler, be dismissed as in case of non-suit.
It is further ordered and decreed that, as thus amended, said judgment be affirmed, at the cost of the plaintiff.