Lesseps v. Lapène
Supreme Court of Louisiana
APPEAL from the Second Judicial District Court, Parish of Plaque-mines. Pardee, J. 1 The act of the Legislature, approved 17th February, 1806, relative to Board of Levee Commissioners, repealed all former laws authorizing parochial authorities to construct levees •at the cost and expense of riparian proprietors of lands leveed. 22 An. 58. Any action therefore of the police jury taken ia 1868, for the purpose of selling and expropriating the ' lands of a riparian proprietor,…
Read the full summary
APPEAL from the Second Judicial District Court, Parish of Plaque-mines. Pardee, J. 1 The act of the Legislature, approved 17th February, 1806, relative to Board of Levee Commissioners, repealed all former laws authorizing parochial authorities to construct levees •at the cost and expense of riparian proprietors of lands leveed. 22 An. 58. Any action therefore of the police jury taken ia 1868, for the purpose of selling and expropriating the ' lands of a riparian proprietor, for the construction or making of a levee in front of his property, is of no effect in law. 2. An executor failing to…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
Tliis is an action by the heirs of P. A. B. Lesseps to recover certain real estate, known as the “ St. Sophie ” Plantation, situate in the parish of Plaquemines.
The defense is: res judicata and the prescription of five years.
There was judgment sustaining the pleas, and the plaintiffs appeal.
It appears from the evidence adduced, that the property in question was inventoried among the assets of the deceased. There is no dispute that it then belonged to him. The contention is, as to whether it has since passed from the estate.
The defendants…
2Cases cited6 opinions
- State v. SchmidSupreme Court of New Jersey · 1895
- May v. WolvingtonCourt of Appeals of Maryland · 1888
- Anderson v. AndersonSupreme Court of Pennsylvania · 1894
- Breneiser v. DavisSupreme Court of Pennsylvania · 1891
- Frederick v. Lansdale BoroughSupreme Court of Pennsylvania · 1893
1 more not listed; retrieve them via the Exa API.