Legal Opinion
Montoya v. Tallieu
Louisiana Court of Appeal
Decided May 1, 1987No. Nos. 86-CA-712, 86-CA-21, 86-CA-22, 86-CA-23PublishedCited by 5 opinions
1Opinion of the Court
WICKER, Judge.
These combined cases address servitude rights of passage across immovable property and damages suffered by the unknowing owners of the servient estate as a result of their vendor’s failure to disclose the existence of the servitude. They also address damages suffered by a vendee as a result of an undisclosed pre-existing “wrap around” mortgage granted by vendors. The trial judge granted the plaintiffs the prayed-for servitude (but to a lesser extent) and awarded damages to the owners of the servient estate. We affirm.
The plaintiffs/appellants, Dilia Montoya, wife of/and…
2Cases cited11 opinions
- Arceneaux v. DomingueSupreme Court of Louisiana · 1978
- Canter v. Koehring CompanySupreme Court of Louisiana · 1973
- Wedgeworth v. Fibreboard Corp.Court of Appeals for the Fifth Circuit · 1983
- Gatx Aircraft Corporation v. M/v Courtney Leigh, and Bryan Dedeker, Mrs. Bryan Dedeker, Ray Loden, Mrs. Ray Loden and P.T. Bailey, Inc.Court of Appeals for the Fifth Circuit · 1985
- Hailey v. PannoLouisiana Court of Appeal · 1985
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3Cited by5 opinions
- Claitor v. BrooksLouisiana Court of Appeal · 2013
- Palgrave v. GrosLouisiana Court of Appeal · 2002
- Wagner v. FAIRWAY VILLAS CONDOMINIUM ASSOC. INC.Louisiana Court of Appeal · 2002
- Adolph v. Parish of JeffersonLouisiana Court of Appeal · 1994
- 1026 Conti Condominiums, LLC v. 1025 Bienville, LLCLouisiana Court of Appeal · 2020