Legal Opinion

Ellis v. Prevost

Supreme Court of Louisiana

Decided April 15, 1839PublishedCited by 37 opinions

APPEAL FROM THE COURT OF TUB SECOND JUDICIAL DISTRICT, FOR THE PARISH OF TERREBONNE, THE JUDGE OF THE FOURTH PRESIDING. This is a possessory action.

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APPEAL FROM THE COURT OF TUB SECOND JUDICIAL DISTRICT, FOR THE PARISH OF TERREBONNE, THE JUDGE OF THE FOURTH PRESIDING. This is a possessory action. The plaintiff alleges he is the owner of a tract of land lying and fronting on both sides of the bayou Caillon, in the parish of Terrebonne, containing one thousand eight hundred and ninety-three superficial arpents, more or less, with specific boundaries which he sets out; and which he acquired by purchase from John Hutchins, by notarial act, passed on the 28th June, 1836. That this tract is part of a larger one, confirmed by congress, in the…

1Opinion of the CourtRost, J.

This is a possessory action. The defendants have pleaded the general issue, and the possession of one year as owners. The case was tried by a jury, who gave a verdict in favor of the defendants, and after an unsuccessful attempt to obtain a new trial, the plaintiff appealed.

The plaintiff claims possession of the land, under a sale by notarial act, made to him in 1836, by a person who himself purchased the land in 1829, and who since occupied and cultivated a part of it, for more than one year. The plaintiff has never resided upon the land, and has abandoned the improvement made by his vendor.…

2Cited by37 opinions

  1. Liner v. Louisiana Land and Exploration Co.Supreme Court of Louisiana · 1975
  2. Loeblich v. GarnierLouisiana Court of Appeal · 1959
  3. Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
  4. Ellis v. PrevostSupreme Court of Louisiana · 1841
  5. Liles v. PittsSupreme Court of Louisiana · 1919

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