Carrollton Rail Road v. Municipality No. 2
Supreme Court of Louisiana
Easters' Drs. APPEAL PROJI TIIE PARISH COURT POR THE PARISH AND MTV OP NEW ORLEANS. This suit is in the nature of a .petitory action in which the plaintiffs seek to be confirmed in their title to and quieted in possession of the Canal Gravier and Basin, and also a square of ground called Place Gravier; situated in Poydras street near and at its junction with Baronne street, in the city of New Or- ■, . leans.
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Easters' Drs. APPEAL PROJI TIIE PARISH COURT POR THE PARISH AND MTV OP NEW ORLEANS. This suit is in the nature of a .petitory action in which the plaintiffs seek to be confirmed in their title to and quieted in possession of the Canal Gravier and Basin, and also a square of ground called Place Gravier; situated in Poydras street near and at its junction with Baronne street, in the city of New Or- ■, . leans. The defendants set up claim to the premises in the following resolution adopted in council the 31st of July, 1838 : ■ “ Whereas the New Orleans and Carrollton Rail Road and Banking…
1Opinion of the CourtGarland, J.
The plain.tiffs allege they are the lawful owners and proprietors and are now in possession of all- that portion or space of ground in the faubourg St.Mary, known by the name of the site *65of the Canal Gravier, as will be more fully shown by reference to a plan annexed. They say that the council of the Municipality No. 2, in violation of their rights and assuming legislative authority not embraced by their charter, have passed two ordinances requiring the plaintiffs under heavy penalties to tqar down and remove certain enclosures which they have made around apiece of ground in Poydras street,…
2Cases cited1 opinion
- Livaudais v. Municipallity Number TwoSupreme Court of Louisiana · 1840
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