Delouche v. Rosenthal
Delouche v. Rosenthal
Opinion of the Court
Judgment was rendered in favor of the plaintiff recognizing his title to a fourth interest in two tracts of land in the defendant’s possession, according to the prayer of plaintiff’s petition, and allowing him a fourth of the rents and revenues of the property from the date of judicial demand. Judgment was rendered at the same time in favor of the defendant on his demand in compensation: (1) For a fourth of the value of the improvements he had made to the property; (2)for a fourth of the amount he had paid for taxes on the property; (3) for a fourth of a certain debt due to the defendant by the succession of the plaintiff’s father, which debt was a part of the consideration for which one of the tracts of land was bought by defendant from the succession; and (4) for a fourth of a certain debt that the plaintiff’s deceased father had owed to the widow, plaintiff’s mother, who was called in warranty in this suit. The warrantor was condemned to return to the defendant a fourth of the price he had paid for the tract of land he had bought from her, which she had bought from the succession of the deceased father of plaintiff. Pleas of prescription of three, five, and ten years urged by the plaintiff against the debt claimed by defendant were overruled. It was decreed that the defendant was a possessor- in good faith, and therefore should not be required to deliver to the plaintiff his fourth interest in the property until payment of the judgment of compensation.
The appellant in his assignment of errors makes the following complaints, viz.:
(1) That the defendant should be declared a possessor in bad faith, and, as such, should be condemned to pay the fourth of the rents and revenues for the entire period of his possession, should not be allowed compensation for the improvements unless plaintiff elects to keep them, and should not be allowed to retain plaintiff’s property until payment of compensation.
(2) That plaintiff should not be condemned to pay as compensation the fourth of the debt claimed by defendant against the succession of plaintiff’s father.
(3) That plaintiff should not be condemned to pay to defendant the fourth of the debt that plaintiff’s father owed his mother.
(4) That, if plaintiff’s father ever owed the debts claimed by defendant, they are prescribed.
The land in question belonged to the plaintiff’s father, being a part of his separate estate. He died in 1894, leaving a widow, two major daughters, and two minor sons, the plaintiff being one of them. The widow qualified as natural, tutrix of her two minor children in 1S96, and, alleging that she was administering the estate as tutrix, obtained an order to sell the property to pay the creditors of the succession, who were demanding payment. Among the debts was one of $1,000 due to the widow for her separate funds received and spent by her husband, and a mortgage note and an open account due to the defendant. No administrator was appointed
“Plaintiff contends that Rosenthal is in bad faith legally, and grants that he may have been in the utmost moral good faith. His mistake was one of law, and, as all are presumed to know the law, he is bound to have known the defects of his title. Tgnorantia legis non excusat.’ ”
The presumption that every one knows the law means, particularly if not merely, that every one is presumed to know what laws have been promulgated, not that every one is in bad faith who does not know how a court of last resort is going to construe the law. If the maxim, “Ignorantia legis non excusat,” applies to a possessor who has bought the property fairly, for an adequate consideration and in ignorance of any fact affecting the validity of his title, we can never say that a defendant in a petitory action was a possessor in good faith if we declare his title invalid. Under that doctrine every unsuccessful appellant would be held to have taken his appeal in bad faith.
Article 3451 of the Civil Code defines the “possessor in good faith” as one who has just reason to believe he is the owner of the property he possesses, although he may not be in fact, and gives the illustration of one who buys property that he supposes belongs to the seller although in fact it belongs to another. Having “just reason to believe” does not mean having a reason supported by law. If it did, the only possessor in good faith would be one whose belief or faith in the validity of his title is well founded.
Bad faith is not to be imputed to a purchaser merely because an examination of the records would have disclosed a defect in the vendor’s title. What is meant by a deed valid in form, or prima facie translative of property, is one that has no defect apparent upon its face. Pattison v. Maloney, 38 La. Ann. 885; Heirs of Ford v. Mills & Phillips, 46 La. Ann. 339, 14 South. 845; Guarantee Trust Co. v. Drew Inv. Co., 107 La. 252, 31 South. 736; Blair v. Dwyer, 110 La. 337, 34 South. 464.
The decision cited is authority for the
The judgment appealed from is .amended by reducing the amount allowed the defendant on his demand in compensation $171.37, and, as amended, the judgment is affirmed. The defendant, Rosenthal, is to pay the costs of appeal.
J., does not concur in the view expressed as to presumption of knowledge'of law, but otherwise concurs in the decision.
Reference
- Full Case Name
- DELOUCHE v. ROSENTHAL (DELOUCHE, Warrantor)
- Cited By
- 14 cases
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- Published
- Syllabus
- (Syllabus by Editorial Staff.) 1. Appeal and Error &wkey;>878(l) — Review-Parties Entitled — Appellees. Where plaintiff in a petitory suit alone appealed, and defendant and the warrantor did not pray for an amendment, the judgment against them or either of them is not reviewable. 2. Evidence The presumption that every one knows the law means, particularly if not merely, that every one is presumed to know what laws have been promulgated, and not that every one is in had faith who does not know how a court of last resort is going to construe the law. 8. Property As used in Civ. Code, art. 3451, defining “a possessor in good faith” as one who has just reason to believe he is the owner of the property he possesses, although be may not be in fact, the term “just reason to believe” does not mean having a reason supported by law. [Ed. Note. — For other definitions, see Words and Phrases, Second Series, Possessor In Good Faith.] 4. Vendor and Purchaser Under Rev. Civ. Code, art. 3452, declaring that a “possessor in bad faith” is one who has assumed the quality of owner or master well knowing that he has no title or that his title is defective, bad faith is not to be imputed to a purchaser merely because an examination of the records would have disclosed a defect in the vendor’s title. 5. Deeds What is meant by a “deed valid in form” or prima facie translative of propei*ty is one that has no defects apparent upon its face. 0. Infants Where property belonging jointly to major and minor children of a deceased was sold by the natural tutrix of the minor children under an order of court, but without the advice of a family meeting to pay succession debts, one of such minors suing after his majority, was entitled to his interest in the property so sold. 7. Infants In such case the purchaser at such sale, by the tutrix acquired a title prima facie valid, and was not a purchaser in bad faith merely because his title was invalid. 8. Real Actions In a petitory suit by one whose interest in land had been sold by his mother as his natural tutrix during his minority, defendant, a possessor in good faith, was properly adjudged to pay rents and revenues only from the date of the judicial demand and permitted to retain possession until the improvements were paid for; and plaintiff had no right to elect whether he would pay for the improvements or require the defendant to remove them. 9. Descent and Distribution i&wkey;125 — Succession — Debts of Succession — Liability o® Heir. A petitory suit by one whose one-fourth interest in a succession had been sold by his mother as his natural tutrix during his minority against the purchaser for his share was an acceptance of the succession, and rendered plaintiff liable for one-fourth of the debts of the succession. 10. Limitation of Actions The prescription against the debt of a succession for which the property was sold to the creditor was interrupted or suspended while the creditor held possession of the property in satisfaction of the debt. 11. Real Actions In a petitory suit to establish title to a fourth interest in a tract of land in defendant’s possession which had been adjudicated to plaintiff’s mother in part satisfaction of a debt from her husband’s succession and by her conveyed to defendant, plaintiff could not be condemned to reimburse the defendant for a debt due by the succession to his mother, defendant having no right to subrogation to the claim of the mother against the succession, and no such right being claimed by answer. Provosty, J., dissenting in part.