Armour v. Smith

I am unable to subscribe to the results or the reasons assigned by the majority in its opinion. My appreciation of the facts and law is so much in conflict with the majority that, rather than attempt an analysis of that opinion, I have decided to record my views in juxtaposition to those of the majority.

In this suit the plaintiff landowner, Mrs. Cortez Burns Armour, joined by her husband, claims that the servitude resulting from a mineral reservation affecting her property in Webster Parish is prescribed by virtue of the liberative prescription of ten years.

The defendants, R. O. Smith and J.…