Legal Opinion

Milne v. Girodeau

Supreme Court of Louisiana

Decided May 15, 1838PublishedCited by 25 opinions

Eastern Dist. APTEAL FROM THE COURT OP THE FIRST JUDICIAL DISTRICT. This is a petitory action in which the plaintiff claims a square of ground, making part of two lots in the plan of a town called Milneburg, situated on the margin of lake Pontchartrain, at the lake end of the rail road.

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Eastern Dist. APTEAL FROM THE COURT OP THE FIRST JUDICIAL DISTRICT. This is a petitory action in which the plaintiff claims a square of ground, making part of two lots in the plan of a town called Milneburg, situated on the margin of lake Pontchartrain, at the lake end of the rail road. The plaintiff sets up title as original owner, having laid off the town, and sold the ground in question, to one Jean Toussaint, who, he alleges, never complied with the terms of sale, but transferred it to the defendant, who is now in possession, and about to erect buildings thereon. He prays that he have…

1Opinion of the CourtCarleton, J.

This is a petitory action brought for- the recovery of a lot of ground in the town, of Milneburg, at the end of the rail road, on lake Pontchartrain, composed, according to the plan of that town, of a part of lots 1 and 2, in square No. 1, being sixty feet front on Champes Elyssées street, and extending in depth one hundred and twenty feet, and fronting on the American wharf.

The defendant, who is in possession of the lot, avers, in his answer, that it makes a part of the sea shore, is common property, and that plaintiff cannot have'the ownership thereof.

There was judgment for the defendant,…

2Cited by25 opinions

  1. Gulf Oil Corporation v. State Mineral BoardSupreme Court of Louisiana · 1975
  2. Miami Corporation v. StateSupreme Court of Louisiana · 1936
  3. A. K. Roy, Inc. v. Board of CommissionersSupreme Court of Louisiana · 1959
  4. New Orleans Land Co. v. Board of Levee Com'rsSupreme Court of Louisiana · 1930
  5. State v. Placid Oil CompanySupreme Court of Louisiana · 1974

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