Macarty v. Foucher
Supreme Court of Louisiana
Appeal from the court of the parish and city of New-Orleans. The plaintiff states that he is the owner, by lawful title, of a plantation which formerly belonged to the late J. B. C. Lebreton, which extends so far as to include within its limits, a piece of land forty arpents in depth and ten arpents in width, beyond part of the defendant's plantation; that he is likewise owner of the said land by prescription, having occupied it by himself, or by those to whose title he has…
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Appeal from the court of the parish and city of New-Orleans. The plaintiff states that he is the owner, by lawful title, of a plantation which formerly belonged to the late J. B. C. Lebreton, which extends so far as to include within its limits, a piece of land forty arpents in depth and ten arpents in width, beyond part of the defendant's plantation; that he is likewise owner of the said land by prescription, having occupied it by himself, or by those to whose title he has succeeded, upwards of thirty years, animo clominii; nevertheless, the defendant, pretending to be the true owner of the…
1Opinion of the Court
The facts shewn by the evidence are—that, before the year 1757, L. C. Lebreton was owner of a plantation of thirty-two arpents of front on the Mississippi, with the depth of forty, about seven miles above the city of New-Orleans. There existed thereon a saw mill *13near the lower boundary of said tract, or the upper one of the next plantation, which was that of J. Belair, having eighteen arpents of front and eighty in depth.
On the 6th of September, 1757, L. C. Lebreton obtained a grant of the whole depth between a continuation of his side lines, as far as another plantation, which he owned…
2Cited by4 opinions
- Bussy & Co. v. NelsonSupreme Court of Louisiana · 1878
- Partee v. SillimanMississippi Supreme Court · 1870
- Denis v. VeazeySupreme Court of Louisiana · 1822
- Spring v. LovettMassachusetts Supreme Judicial Court · 1831