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Bartlett v. Calhoun

412 So. 2d 597 (1982)

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Bartlett v. Calhoun

Louisiana Supreme Court

412 So. 2d 597 (1982)

Facts

W. C. Thompson and his wife owned a 300-acre tract of land in Louisiana. The Thompsons purportedly sold this land in 1949 to Stella Calhoun (defendant). Calhoun then quickly sold the land to Grey Brown. In 1951, Calhoun repurchased the land from Brown and took possession of it. In 1977, the Thompsons’ heirs (the heirs) (plaintiffs) filed suit seeking to be declared the owners of the property. The heirs claimed that the Thompsons’ signatures had been forged in the original sale to Calhoun and therefore challenged the validity of the sale. Calhoun moved for summary judgment, claiming that she had acquired ownership of the property by 10-year acquisitive prescription. The heirs claimed that Calhoun had not been a good-faith possessor and therefore was unable to claim under that type of acquisitive prescription. Calhoun countered that even if she had been a bad-faith possessor, she was entitled to tack onto Brown’s ownership and take advantage of his good faith. The trial court, and later the appellate court, held that Calhoun could rely on Brown’s good faith and granted summary judgment. The heirs appealed.

Rule of Law

Issue

Holding and Reasoning (Blanche, J.)

Dissent (Marcus, J)

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