McDonogh v. Calloway
Supreme Court of Louisiana
APPEAL from the Third District Court of New Orleans, Kennedy, L The facts of this case are stated in the opinion of the court, infra* contended that he had not obstructed the servitude of way established in favor of the lot bought by plaintiff from the appellant’s vendor, J■ P. Jones. C. C. arts. 497, 654, 823. Servitudes are real rights, and can only be established by written evidence.
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APPEAL from the Third District Court of New Orleans, Kennedy, L The facts of this case are stated in the opinion of the court, infra* contended that he had not obstructed the servitude of way established in favor of the lot bought by plaintiff from the appellant’s vendor, J■ P. Jones. C. C. arts. 497, 654, 823. Servitudes are real rights, and can only be established by written evidence. There is no such evidence of any servitude of way, in favor of the lots owned by plaintiff on the north side of the alley. C. C. arts. 642, 644, 715, 718, 749, 752. The alley was not a public one. C. C. art.…
1Opinion of the Court
The judgment of the court was pronounced by
Kino, J.
John P. Jones owned a lot of ground running from New Levée to Tchoupitoulas street. On the northern side of this lot he made an alley extending entirely through the square, with a width of six feet two inches on New Levée street, and of five, feet on Tchoupitoulas street, and divided the remainder of the property into three lots, one fronting on New Levée, another on Tchoupitoulas, and the third on the alley. Of the whole he caused a plan to be made byPiliS, the city surveyor, on which the alley is called a passage comnmn. McDonogh, the…
2Cases cited2 opinions
- Moses v. BankerThe Superior Court of New York City · 1868
- McDonogh v. CallowaySupreme Court of Louisiana · 1844