Opinion

Waterman v. Tidewater Associated Oil Co.

  • 213 La. 588
  • 35 So. 2d 225
  • 1947 La. LEXIS 918
Court
Supreme Court of Louisiana
Filed
Dec 15, 1947
Status
Published
Author
Hamiter
On the bench
McCaleb, Hamiter, O'Niell
Cited by
73 cases

requiring that, "in addition to good faith possession for the required time . . . the deed under which they claim describes and identifies the land with clarity . . ."

How later courts described this case

  • requiring that, "in addition to good faith possession for the required time . . . the deed under which they claim describes and identifies the land with clarity . . ."
  • statute provides that earlier conveyance is enforceable in equity when subsequent acquisition of title is obtained by grantor
  • “[I]t is well established that, where property has been adjudicated to the State and not redeemed in time and manner provided by statute, the taxing officers of the State are without power to assess and sell the property as belonging to the former owner or any other person.”

Written by the judges who cited it.

Distinguished

  • Distinguished by Butler v. Bazemore, 187 F. Supp. 458 (1960)

    The Fifth Circuit Court of Appeals, relying on certain language in Waterman v. Tidewater Associated Oil Co., 213 La. 588, 35 So.2d 225, which was clearly distinguishable on its facts, reversed our decision, and held that the assignment by Robertson Oil to Edman and his co-owners was a mere quitclaim which under Louisiana law is insufficient to support an after-acquired title.
    District Court, W.D. LouisianaSep 24, 1960Read it

The opinion

HAMITER, Justice

(dissenting).

Even if Rectangle did not have a good title when it conveyed to Rose (plaintiffs’ author) in 1923 by the so-called quitclaim deed, which unquestionably was supported by a valid and sufficient consideration, the title later acquired by it in 1927 from Mr. and Mrs. Kranebell (under which defendants claim) inured, in my opinion, to the benefit of Rose, and, hence, to plaintiffs under the doctrine of after-acquired title.

Therefore, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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