RS 44:368

314 words·~1 min read·/la/title-44/44-78

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RS 44:368

§368. Presumption of correctness; use of parol evidence

A. Whenever an instrument re-established under the provisions of this Sub-part is declared on in any real action and reliance is made thereon in the pleadings, its presumption of correctness shall not be overthrown by parol evidence nor shall parol evidence be received against the presumption unless:

(1)The defendant, intervenor, third opponent or other party interested attacks its correctness in his pleadings and with notice sufficient to put the opposite party reasonably on guard.

(2)Makes oath, in person or by his attorney or legal representative, that he believes that the re-established record is incorrect, in part or in whole, (indicating the part alleged to be incorrect) and that if permitted to offer parol testimony he verily believes and has reasonable cause to believe that he can establish it by a clear preponderance of evidence.

B. Notice of intention to deny the correctness of the re-established records, in order to be effective, must be given within a reasonable time before the date fixed for trial, and shall be given in writing and filed in open court, if court be in session, otherwise in the clerk's office.

C. It shall, however, always be competent to show by parol evidence in support of or against the re-established records and archives the physical facts as the real, open and actual and corporeal possession of the property as owner, or otherwise, by any person under any asserted claim from the time of the entry of the land from the United States or from the State, even though it is not of sufficient duration to establish a prescription, and in all attacks upon such re-established records, properly asserted, due weight shall be given to other copies, exemplifications and abstracts made prior to the destruction of such records by honest and competent abstractors in the ordinary course of business.