Arnauld v. Delachaise
Supreme Court of Louisiana
from the District Court of Lafayette, Clarke, J. The purchasers from Wiltz acquired only a usufruct or right of use to the vacant space in front, to the batture, pasture and cypress swamp. They acquired only a right to enjoy, and not to dispose of it.
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from the District Court of Lafayette, Clarke, J. The purchasers from Wiltz acquired only a usufruct or right of use to the vacant space in front, to the batture, pasture and cypress swamp. They acquired only a right to enjoy, and not to dispose of it. Code of 1808, p. 100, art. 34; p. 102, art, 1; p. 110 art. 1; p. 124, art. 63. Civil Code, 479, 483, 525, 621. Code Nap. 544, 578, and Rogron’s Comm, on those arts, and on art. 625. Lacroix, Clef des Lois Romaines, verbo Usage, Rodriguez de Fonseca, vol. 3, p. 416, no. 3; p. 404, proeme Law 1. The right of use or usufruct has been forfeited in…
1Opinion of the Court
The judgment of the court -{Rost, J. absent,) was pronounced by
Eustis, C. J.
In the year 1807, the late Joseph Wiltz, the ancestor of the plaintiffs, laid out a part of his plantation in the present parish of Jefferson, into lots, and sold them to different persons according to a plan. The tract of land thus disposed of was four arpents front on the river, by forty in depth. The plan exhibits an avenue in the middle of the tract of one hundred and ten feet, and a row of lots on each side fronting on the avenue, making forty-two in number. Between the lots nearest to the river and the road a…
2Cited by2 opinions
- Frost-Johnson Lumber Co. v. Nabors Oil & Gas Co.Supreme Court of Louisiana · 1920
- Voinche v. Town of MarksvilleSupreme Court of Louisiana · 1909