Legal Opinion · Dissent

Lovell v. Dulac Cypress Co.

Court of Appeals for the Fifth Circuit

Decided January 15, 1941No. 9575Published

1DissentSibley, Circuit Judge

I think the defendants below showed title by prescription good against plaintiffs’ title.

By Louisiana Civil Code, Art. 3478: “He who acquires an immovable in good faith and by just title prescribes for it in ten years.” Defendants’ title here was through a deed executed in 1900 from the Levee Board for value and in good faith, duly recorded in 1912, and with possession ever since. It is not denied that this is just title under this Article. By Article 3499: “The ownership of immovables is prescribed for by thirty years without any need of title or possession in good faith.” By Article 3521:…

2Cases cited9 opinions

  1. State Ex Rel. Fitzpatrick v. GraceSupreme Court of Louisiana · 1936
  2. Gamet's Estate v. LindnerSupreme Court of Louisiana · 1925
  3. State Ex Rel. Tulane Homestead Ass'n v. MontgomerySupreme Court of Louisiana · 1936
  4. Moore v. BoagniSupreme Court of Louisiana · 1903
  5. Lomel Realty Corporation v. ChopinSupreme Court of Louisiana · 1933

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