Scovell v. St. Louis Southwestern R.
Supreme Court of Louisiana
Case Certified from Court of Appeal, Parish of Caddo. Action by M. L. Scovell and others against the St. Louis Southwestern Railroad Company. Judgment for defendant, and plaintiffs appeal to the Court of Appeal. Certified from the court by the judges thereof applying for instructions.
1Opinion of the CourtBreaux, C. J.
Plaintiffs brought this suit to recover the value of a right of way over their land taken possession of by the defendant in the year 1888 without having first obtained title.
The plaintiffs were minors.
The suit was brought over two years after the minors had attained their majority.
The right of way in question was over the two plantations of plaintiffs — the Shady Grove and Plain Dealing.
In the year 1895 — seven years after the right of way had been taken — the first named plantation was seized and sold by the sheriff without reservation or mention of the right of way. It passed through…
2Cases cited2 opinions
- St. Julien v. Morgan Louisiana & Texas RailroadSupreme Court of Louisiana · 1883
- Mitchell v. New Orleans & Northeastern RailroadSupreme Court of Louisiana · 1889
3Cited by3 opinions
- State ex rel. People's Fire Ins. v. MichelSupreme Court of Louisiana · 1909
- Ledoux v. WaterburyLouisiana Court of Appeal · 1972
- Atlantic Paint Co. v. MerkelLouisiana Court of Appeal · 1922