Morgan v. Nagodish
Supreme Court of Louisiana
A PPEAL from tbe Twenty-fourth District Court, Parish of PlaqueAa. mines. Livcmdads, J. The action here corresponds more nearly to the ‘‘ petitory ” than the “possessory,” as it is based on ownership. It closely resembles the action of trespass of the Common Law, or quw'e clausum fregit. — See Burrell and Bouvier’s dictionaries; verb, “trespass” and “ quare clausum fregit, ” in which action ownership must be alleged and proved.
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A PPEAL from tbe Twenty-fourth District Court, Parish of PlaqueAa. mines. Livcmdads, J. The action here corresponds more nearly to the ‘‘ petitory ” than the “possessory,” as it is based on ownership. It closely resembles the action of trespass of the Common Law, or quw'e clausum fregit. — See Burrell and Bouvier’s dictionaries; verb, “trespass” and “ quare clausum fregit, ” in which action ownership must be alleged and proved. The Articles of the Civil Code, on the Seashore, which are identical with the Roman Law, are to be interpreted by the same rules as those of the Code Uapoleon. Merlin,…
1Opinion of the Court
The opinion of the Court was delivered by
Waticins, J.
The plaintiff claims to be the owner of a tract of eight hundred acres of land by a regular chain of title from the State, witii all the rights, privileges and servitudes appertaining thereto, and alleges himself to be in possession thereof. He avers that this property is subject to tidal ovex^loxo, as shown by the official plan of survey in the State land office ; and that patents were issued therefor on the 13th of February, 1878.
He further avers that the several defendants, composing a small colony of Austrian fishermen, are now and have…
2Cited by8 opinions
- State v. Sweet Lake Land & Oil Co.Supreme Court of Louisiana · 1927
- Potomac Dredging Co. v. SmootCourt of Appeals of Maryland · 1908
- Buras v. SalinovichSupreme Court of Louisiana · 1923
- McMahon v. New Orleans Ry. & Light Co.Supreme Court of Louisiana · 1910
- Davis Oil Co. v. Citrus Land Co.Supreme Court of Louisiana · 1991
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