LeBlanc v. Robertson
Supreme Court of Louisiana
APPEAL from the Twenty-first District Court, Parish of Iberia. Monton, J. 1. Oo-heirs as well as eo-owners have a right to enjoy and possess the hereditary property left to them by their ancestors.
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APPEAL from the Twenty-first District Court, Parish of Iberia. Monton, J. 1. Oo-heirs as well as eo-owners have a right to enjoy and possess the hereditary property left to them by their ancestors. Aud when one of said co-heirs seeks to acquire any portion thereof by prescription, without title, he must prove conclusively that he has possessed the exact separate portion, which ho seeks to acquire, during 30 years--separately and as owner. 11. O. O., 1304, 1305. 2. One claiming hy possession alone, without title, must show possession by enclosures, be. yond which his claim will not extend. í)…
1Opinion of the Court
*1026The opinion of the Court was delivered by
Fenner, J.
This suit presents the double character of a petitory action and an action for ijartition. Plaintiffs claim to be the owners, by virtue of inheritance from Norbert LeBlanc, of an undivided interest in a certain tract of land; they aver that the whole tract is in possession of the defendants, under claim of ownership; they ask for a decree recognizing them as owners in indivisión in the proportions claimed by them, and also decreeing a partition of the land between themselves and the defendants who are admitted to be part owners.
The defense is…
2Cases cited3 opinions
- Reeves v. TowlesSupreme Court of Louisiana · 1836
- Avery v. AllainSupreme Court of Louisiana · 1845
- Sewell v. HennenSupreme Court of Louisiana · 1844
3Cited by7 opinions
- Vestal v. Producers' Oil Co.Supreme Court of Louisiana · 1914
- Suthon v. LawsSupreme Court of Louisiana · 1910
- Gribble v. CallCourt of Appeals of Texas · 1938
- Boyet v. Brushwood Methodist ChurchLouisiana Court of Appeal · 1957
- Chef Menteur Land Co. v. MercierSupreme Court of Louisiana · 1911
2 more not listed; retrieve them via the Exa API.