Heirs of Delogny v. Mercer
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. ■‘N Rightor, J. 1. Fee simple title being shown to exist in plaintiffs’ ancestor, it continues in them unless divested, and the divestiture must be shown. 2. Right to batture is a right inherent in riparian property. It results from nat-' ural law, in consequence of the local situation of the land to which it attaches. Mun.
Read the full summary
A PPEAL from the Civil District Court for the Parish of Orleans. ■‘N Rightor, J. 1. Fee simple title being shown to exist in plaintiffs’ ancestor, it continues in them unless divested, and the divestiture must be shown. 2. Right to batture is a right inherent in riparian property. It results from nat-' ural law, in consequence of the local situation of the land to which it attaches. Mun. No. 2 vs. Orleans Cotton Press, 18 L. 122. 3. Neither the plan nor the prospectus of the Faubourg Laeourse show any intention of dedicating to public use the levee and the batture between the levee antj the…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, C. J.
This is technically a petitory action, instituted in 1860. It was determined in the first instance only in 1889, nearly thirty years later, having remained dormant in the meantime.
The original plaintiffs have transferred their interest in it to an .assignee, who continues it in his own behalf.
*208The sum total of the prolific and argumentative petition is to the-effect:
That the author of the plaintiffs, P. R. Delogny, from the date of his purchase of certain lands fronting the Mississippi down to the present day, has never parted with his…
2Cited by10 opinions
- Queensborough Land Co. v. CazeauxSupreme Court of Louisiana · 1915
- Reliance Insurance Company v. Orleans Parish School Board, Orleans Parish School Board v. Reliance Insurance CompanyCourt of Appeals for the Fifth Circuit · 1963
- Frost-Johnson Lumber Co. v. Nabors Oil & Gas Co.Supreme Court of Louisiana · 1920
- Action Finance Corporation v. NicholsLouisiana Court of Appeal · 1965
- Bagley v. Rose Hill Sugar Co.Supreme Court of Louisiana · 1903
5 more not listed; retrieve them via the Exa API.