Mai v. Floyd

951 So. 2d 244 (2006)

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Mai v. Floyd

Louisiana Court of Appeal
951 So. 2d 244 (2006)

Facts

The Alberts owned a parcel of land, made up of lots nine and 10, on which a grocery store was located. In 1986, lot 10 was sold in a tax sale to Raymond Floyd. The Alberts sold both lots, however, to Ali and Inggub Tabrizi and Susan Zare in 1990. Susan Zare sold her interest in the lots to the Tabrizis in 1991, and Mr. Tabrizi retained his ownership of the lots after he divorced Mrs. Tabrizi. In 1996, Nhut Van Mai (plaintiff) bought both lots from Mr. Tabrizi and began operating the grocery store. All of these conveyances occurred without title examination. In 1999, Raymond Floyd sold lot 10 to his son George Floyd (defendant). In 2001, Mai attempted to sell lots nine and 10 to Ha Hoang. Hoang’s attorney performed a title search and discovered the tax-sale deed of lot 10 to Raymond Floyd. Mai eventually brought a petition seeking a declaratory judgment of his ownership of lot 10. George Floyd asserted that he owned the lot based on the tax-sale deed. The trial court found that Floyd owned the lot and dismissed Mai’s petition. Mai appealed.

Rule of Law

Issue

Holding and Reasoning (Love, J.)

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