Legal Opinion

LeComte v. Smart

Supreme Court of Louisiana

Decided October 15, 1841PublishedCited by 4 opinions

Western Dis. APPEAL PROM THE COURT Ofc THE SIXTH, NOW TENTH DISTRICT, POR THE, PARISH OP &ATCHITÚCHE8, TRE JUDGE OP THE SEVENTH PRESIDING. This is a possessory action, instituted, in April, 1838, and citation was served on the defendant the 10th May following.

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Western Dis. APPEAL PROM THE COURT Ofc THE SIXTH, NOW TENTH DISTRICT, POR THE, PARISH OP &ATCHITÚCHE8, TRE JUDGE OP THE SEVENTH PRESIDING. This is a possessory action, instituted, in April, 1838, and citation was served on the defendant the 10th May following. The plaintiff alleges he is the owner of two square leagues of land situated in the parish of Natchitoches, and embracing the small Prairie of Lannacoco with the adjacent wood-land ; that the defendant within a year ago, took possession, without any shadow or pretence of title, of a part of said land, and is cutting timber, cultivating…

1Opinion of the CourtGarland, J.

This action is instituted to recover the possession of a small tract of land which it is alleged the defendant has entered upon illegally, being a portion of a larger tract, which the plaintiff claims to possess as owner, situated in the Parish of Natchi-toches, at a place called the Lannacoco Prairie.

The defendant excepts to the jurisdiction of the court, alleging he resides in the Parish of Rapides, where he should have been sued. This exception was overruled, after hearing testimony, I the defendant filed a general denial, and pleaded the prescription I of one year to the action. There was…

2Cited by4 opinions

  1. Michel v. StreamSupreme Court of Louisiana · 1895
  2. Manson Realty Company v. PlaisanceLouisiana Court of Appeal · 1967
  3. Ward v. Standard Materials, IncorporatedLouisiana Court of Appeal · 1974
  4. Byrd v. J. F. Meeks Lumber Co.Louisiana Court of Appeal · 1935

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