Simmons v. Tremont Lumber Co.
Supreme Court of Louisiana
Appeal from Fifth Judicial District Court, Parish of Winn; Cas Moss, Judge. Suit by William V. Simmons against the Tremont Lumber Company. From a judgment dismissing his suit on an exception of no cause of action, plaintiff appeals.
1Opinion of the CourtSommervillb, J.
Plaintiff appeals from a judgment dismissing his suit on an exception of no cause of action.
Plaintiff alleged that one of his ancestors in title had sold, February 11, 1903, to defendant’s vendor, “all the merchantable lumber on the following described land,” etc.; that a reasonable time had elapsed since said sale, being more than 10 years at the time of filing the suit, and defendant had not removed said timber; that the right to remove the timber was a servitude; and he pleaded the prescription of 10 years to defendant’s right to remove. He prayed that the right of defendant to said timber…
2Cases cited12 opinions
- St. Louis Cypress Co. v. ThibodauxSupreme Court of Louisiana · 1907
- Hyde v. BarronSupreme Court of Louisiana · 1909
- Globe Lumber Co. v. LockettSupreme Court of Louisiana · 1901
- Smith v. Huie-Hodge Lumber Co.Supreme Court of Louisiana · 1909
- Lee Lumber Co. v. HotardSupreme Court of Louisiana · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cooley v. Meridian Lumber Co.Supreme Court of Louisiana · 1940
- Kavanaugh v. Frost-Johnson Lumber Co.Supreme Court of Louisiana · 1921
- Coyle v. AllenSupreme Court of Louisiana · 1929
- Ward v. Hayes-Ewell Co.Supreme Court of Louisiana · 1923
- Clark v. Weaver Bros. Realty CorporationSupreme Court of Louisiana · 1941
8 more not listed; retrieve them via the Exa API.