Handlin v. H. Weston Lumber Co.
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. Plaintiff alleged that the defendant company took wilful, forcible and illegal possession of his square of ground (No. 679) in the city of New Orleans, bounded by Short, Seventeenth, Washington and Dixon streets; that he had been in the undisturbed and peaceful possession, as owner of said property, through tenants and otherwise, for more than thirty years; that the same had been assessed in his name;…
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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. Plaintiff alleged that the defendant company took wilful, forcible and illegal possession of his square of ground (No. 679) in the city of New Orleans, bounded by Short, Seventeenth, Washington and Dixon streets; that he had been in the undisturbed and peaceful possession, as owner of said property, through tenants and otherwise, for more than thirty years; that the same had been assessed in his name; that it contained twenty lots; that he had placed the property in the hands of Shepard & Hunter for sale at one hundred…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
The defendant is shown to have taken possession of the property referred to in plaintiff’s petition about March, 1894, only a month before the institution of this suit. It is not pretended that it took possession under claim of ownership. Whether the property belongs to plaintiff or whether it belonged to Dixon, as it attempted to show, it would in either event be a mere trespasser. Plaintiff shows that in a partition made as far back as 1864, between one Allen and himself, they laid claim to the ownership of nine squares of ground, of…
2Cases cited1 opinion
- Ellis v. PrevostSupreme Court of Louisiana · 1841
3Cited by23 opinions
- Hill v. RicheySupreme Court of Louisiana · 1952
- Liner v. Louisiana Land and Exploration Co.Supreme Court of Louisiana · 1975
- Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
- Bernstine v. LeeperSupreme Court of Louisiana · 1907
- Levenberg v. ShanksSupreme Court of Louisiana · 1928
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