Frantom v. Nelson
Frantom v. Nelson
Opinion of the Court
In this p.etitory action, plaintiffs claim, as heirs of John Liles, to be the owners of the S. % of N. W. % and lot 4 of section 2, township 12 north, range 4 east, containing 134.70 acres oS land situated in the parish of Caldwell. Defendant is in possession of the property, and he claims the ownership of same through mesne conveyances, also from John Liles, alleged author in title by inheritance of plaintiffs.
On July 8, 1858, John Liles acquired from Wade H. Hough various tracts of land, including that herein sued for, adjoining one another; and it is expressly mentioned in said act of sale that the property is the same that had been purchased by vendor on January 12, 1858, from Robert N. Rabb, together with all of the buildings and improvements situated thereon, and together with all the crops growing thereon. On December 6, I860, John Liles sold to William Hogan, author in title of defendant, certain lands, “being the same purchased by this vendor from Wade H. Hough on the 8th day of July, 185S, as per deed on file,” etc., but in describing the various tracts, which by this clause, purport to be the same as those acquired from Hough, the following tract is described in lieu of the one •herein sued for, viz.: “S. % of S. W. % and lot four (4) in section 1, containing 134.70 acres.”
The various tracts of land bought by Liles from Hough were, from their descriptions, adjoining one another, cultivated in one body, and constitute what has been known for years in the community where they are situated as “Hogan’s plantation.”
The question, therefore, which is presented for decision is whether Liles, in whose shoes plaintiffs stand, could, under the circumstances, recover from the defendant the tract of land in dispute.
The transfer of possession by Liles to Hogan on December 6, 1860, and Liles’ silence and inaction from that time, through himself and his heirs, until April, 1914, would seem an absolute bar against plaintiffs’ right to recover.
“Where reference is made in an act of sale of real estate, to the title under which the vendor holds, both acts should be consulted, and taken together, to ascertain the true description of the property.” Lawler v. Bradford, 113 La. 415, 37 South. 12.
See, also, Sabatier v. Bowie Lumber Co., 129 La. 658, 56 South. 628; Bender v. Chew, 129 La. 855, 56 South. 1023; Abadie v. Lee, Lumber Co., 128 La. 1019, 55 South. 658; Ganucheau v. Monnot, 130 La. 470, 58 South. 150.
We believe the record clearly shows that defendant owns the property in dispute, and that it would be unconscionable to permit plaintiffs, who stand in this litigation as his vendors and warrantors, to reap advantage from an error for which they are, in .effect, primarily responsible.
The judgment of the district court was in favor of defendant, and it is affirmed.
Reference
- Full Case Name
- FRANTOM v. NELSON
- Cited By
- 17 cases
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) 1. Ejectment 39 — Petitory Action — Silence and Inaction — Limitations. Where one acquired the S. % of N. W. *4 and lot 4 of section 2, and by deed purporting to convey the same land described it as the S. V2 of S. W. % and lot 4 of section 1, containing tho same acreage, and his grantee, the author of defendants’ title, went into possession of the land described in the deed to his grantor, tho heirs of such grantor, who were inactive for over 50 years, were barred from a recovery of the land originally conveyed. 2. Reformation of Instruments 13 (1)— Deeds — Description of Property. A grantee, as against his authors in title, and where the rights of third persons have not intervened, might sue to have his deed reformed as to the description of the property. 3. Ejectment 26 (1) — Petitory Action — Description of Property — Defense. One having a right of action against his authors in title to have his deed reformed as to description of the property might, under Code Prac. art. 20, use the same right as a defense to a petitory action, to recover the land. 4. Deeds Where a grantor had purchased certain land, his conveyances of it as the same land purchased by him, by a description of land which he did not own, showed a clerical error, and that the grantor intended to convey the land which he had purchased and did own. 5. Deeds Where reference is made in an act of sale of real estate to the title under which the vendor hoids, both acts should be taken together to ascertain the true description.