City of New Orleans v. Meteye

The question of possession is not raised by the pleadings. No one is claiming that prescription has been so interrupted. To require the city to prove the negative would impose serious difficulties in disposing of property adjudicated to it by tax sale. It seems to me that the burden of proof rests upon the one claiming the interruption of prescription and, under no circumstances, upon the city.

I respectfully dissent.

On Rehearing.