Kennedy v. Succession of McCollam
Supreme Court of Louisiana
APPEAL from the Nineteenth Judicial District Court, Parish of Terrebonne. Goode, J. 1. Title to a continuous and apparent servitude cannot be proved by parol. C. C. 2440, 2275 • 32 A. 839; 28 A. 678; 12 A. 213; 5 A. 132, 204; 15 A. 541; 3 Rob. 452. The opposite rule asserted by defendant and appellee is not sustained by the cases from 12th and 20th and 25th Annuals.
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APPEAL from the Nineteenth Judicial District Court, Parish of Terrebonne. Goode, J. 1. Title to a continuous and apparent servitude cannot be proved by parol. C. C. 2440, 2275 • 32 A. 839; 28 A. 678; 12 A. 213; 5 A. 132, 204; 15 A. 541; 3 Rob. 452. The opposite rule asserted by defendant and appellee is not sustained by the cases from 12th and 20th and 25th Annuals. They are all to be restricted to agreements relating to the fact and mode of use and enjoyment, as showing the kmd of possession, whether as owner or in the right and by the permission of another, and the like. 2. Plaintiff’s…
1Opinion of the Court
*569The opinion of the Court was delivered by
Levy, J.
Plaintiff, the owner of the Ardoyne Plantation, in the Parish of Terrebonne, on the Bayou Black, brought this suit against defendants, the owners of Ellendale Plantation, a contiguous estate below, on tlie same Bayou, in which he prayed for judgment in his (plaintiff’s favor) ordering defendants “to close five certain ditches or canals leading from the Ellendale Plantation into petitioner’s lands at the points where they respectively intersect his said lands, ordering them to restore the land leading upon petitioner’s plantation to the level…
2Cases cited2 opinions
- Bauck v. Swan, Pennsylvania Court of Common Pleas, Alleghany County1892
- Brown v. TuttleSupreme Judicial Court of Maine · 1888