Trial of Title to Realty in a Personal Action

Abstract

An interesting application of an old common-law doctrine in a civil law state is found in Ducros v. St. Bernard Cypress Co. (1918, La.) 82 So. 841. The plaintiff sued for the value of certain timber which he alleged the defendant, in possession claiming title, had cut and removed from his land. The court held that the petition disclosed no cause of action since the plaintiff was in effect suing for a disturbance of possession, which he could not do where the defendant claimed title to the realty, until the question of ownership had been settled.