Legal Opinion

Martin v. Patin

Supreme Court of Louisiana

Decided September 15, 1840PublishedCited by 3 opinions

APPEAL FROM THE COURT OF THE FIFTH DISTRICT FOR THE PARISH OF LAFAYETTE, THE JUDGE OF THE SIXTH PRESIDING. This is an action, by sundry citizens, for the right of way, or passage, having farms in the Prairie Sorel, some distance from the wood, access to which is indispensable to them, for the purpose of getting timber.

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APPEAL FROM THE COURT OF THE FIFTH DISTRICT FOR THE PARISH OF LAFAYETTE, THE JUDGE OF THE SIXTH PRESIDING. This is an action, by sundry citizens, for the right of way, or passage, having farms in the Prairie Sorel, some distance from the wood, access to which is indispensable to them, for the purpose of getting timber. They allege, that two of their neighbors, (Ursin Patin and Narcisse Begnaud,) reside between them and the woods, and deny them the right of way, to pass over their lands. They pray that the defendants be required to allow them a direct and straight way through their land, with…

1Opinion of the CourtMorphy, J.

This action is brought to obtain a right of passage and of way over the estates of the defendants. The latter resist this pretension, on the ground that the plaintiffs are not legally entitled to the exercise of any such right.

_ plantations7 ín“onSndedbyothOT lands, so as to leave no way to the public road, "Sj* '"ay, over the other lands, is established by law‘ The right of {j^ff others not given as a ™enee ° but^of roomtogoround neighbor,S °ihe wfulnot lowed to go thro’ and compel the latter to leave a lane'

An examination of the testimony has brought us to the conclusion, that the…

2Cited by3 opinions

  1. Robinson v. HerringLouisiana Court of Appeal · 1944
  2. City of Thibodaux v. Louisiana Power & Light CompanyDistrict Court, E.D. Louisiana · 1957
  3. Inabnet v. PipesLouisiana Court of Appeal · 1970

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