Legal Opinion

Louisiana Land & Fisheries Co. v. Gasquet

Supreme Court of Louisiana

Decided May 15, 1893No. 11,165PublishedCited by 1 opinion

APPEAL from the Twenty-second District Court, parish of Plaque-mines. Livaudais, J. 1. Oysters, “when taken from their natural beds by the industry of man and reduced to possession, unquestionably belong to the captor, and are protected alike by criminal as well as civil law.” State vs. Oasselar (not reported), No. 9468; 14 Wendell, p. 42; 4Barb. 592 ; 27 N. J. Eq. 389. 2. Even when planted on public lands they are protected by law.

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APPEAL from the Twenty-second District Court, parish of Plaque-mines. Livaudais, J. 1. Oysters, “when taken from their natural beds by the industry of man and reduced to possession, unquestionably belong to the captor, and are protected alike by criminal as well as civil law.” State vs. Oasselar (not reported), No. 9468; 14 Wendell, p. 42; 4Barb. 592 ; 27 N. J. Eq. 389. 2. Even when planted on public lands they are protected by law. The remedy is “ to enforce the removal, not to appropriate the property.” State vs. Oasselar, No. 9468; Fleet vs. Hegeman, 14 Wend., p. 43. 3. A “natural oyster…

1Opinion of the Court

The opinion of the court was delivered by

McEnery, J.

The plaintiff company alleges that it is the owner of certain sea marsh land, acquired from the State in pursuance of Act No. 86 of 1880, by Robert S. Leovy, and by said company from Leovy on 17th March, 1872. Petitioner further alleges that for the purpose of creating oyster beds and cultivating and selling oysters, the plaintiff company has planted on said lands large quantities of oysters, and that said oyster beds have grown and increased in value since the oysters were planted thereon; that the defendants illegally combined and…

2Cited by1 opinion

  1. Cusachs v. Salmen Brick & Lumber Co.Supreme Court of Louisiana · 1920

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