Morgan v. Livingston
Supreme Court of Louisiana
Appeal from the court of the first district. In the year 1789, Bertrand Gravier sold to J. B. Poeyfarré, under whom the plaintiff and appellant claims, a piece of land, then a part of a plantation, near the city ’ 1 _r New-Orleans, on which the faubourg St. Mary now stands.
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Appeal from the court of the first district. In the year 1789, Bertrand Gravier sold to J. B. Poeyfarré, under whom the plaintiff and appellant claims, a piece of land, then a part of a plantation, near the city ’ 1 _r New-Orleans, on which the faubourg St. Mary now stands. The deed expresses that the piece of land has so many feet of front to the river, and so many in depth according to a plan which had been made 1 o a by a surveyor a few days before the sale. . , , , , , • -rp , I he witnesses produced by the plaintiff depose that there did not exist anv batture, at the time _ - of the…
1Opinion of the CourtMartin, J.
* The plaintiff claims a batture, which he alledges to have arisen in front of his land. The defendants pleaded the general issue ; and several other pleas and demurrers were inserted in the answer, but have been since abandoned. They further claim the batture under Jean Gra-vier, heir of Bertrand Gravier, from whom the plaintiff alledges that the land before which it has arisen, was purchased by J. B. Poeyfarré, under whom he claims.
As evidence of the title of Bertrand Gravier having passed to him, he introduces a notarial act, executed on the 27th of February, 1789, by Maria J. Delhonde and…
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