ST. PAUL FIRE & MARINE INS. CO. v. ASSET REALIZATION CO.

No. 3723.

237 So.2d 714 (1970)

ST. PAUL FIRE & MARINE INSURANCE COMPANY v. ASSET REALIZATION COMPANY, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

July 6, 1970.


Attorney(s) appearing for the Case

Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, John William Futrell, New Orleans, for plaintiff-appellee.

F. Joseph Drolla, Jr., and Sidney J. Parlongue, New Orleans, for defendant-appellant.

Louis DeSonier, Jr., Parish Atty., and Alvin Rudy Eason, Asst. Parish Atty., for third-party defendant-appellee.

Before SAMUEL, REDMANN and BARNETTE, JJ.


SAMUEL, Judge.

This is an action in breach of warranty for partial eviction from immovable property. The facts were stipulated and are not in dispute.

During the year 1929 John C. Dodt, Jr. became the owner of several portions of land in the Parish of Jefferson. On October 13, 1939 his property was adjudicated to the State of Louisiana for unpaid 1938 taxes and that tax sale was duly registered on the same day. Subsequently, on March 3, 1954, the state granted...

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