Heirs of Leonard v. City of Baton Rouge
Supreme Court of Louisiana
APPEAL from the Seventeenth District Court, Parish of East Baton Bouge. Burgess, J. There is a perfect and an imperfect dedication of property to public use under both the civi* and common law. The former is a donation and passes the fee j the latter is a qualified dedication, and under the common lawis termed an “ easement,” under the civil law “ a servitude of public use." 30 Ann. 64; Rev. C. C. art. 482; Dillon on Man.
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APPEAL from the Seventeenth District Court, Parish of East Baton Bouge. Burgess, J. There is a perfect and an imperfect dedication of property to public use under both the civi* and common law. The former is a donation and passes the fee j the latter is a qualified dedication, and under the common lawis termed an “ easement,” under the civil law “ a servitude of public use." 30 Ann. 64; Rev. C. C. art. 482; Dillon on Man. Co rpM 3d ed., par. 638. Any other classing of this qualified dedication creates a distinction without a difference. The rules of the Civil Code concerning servitudes are…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
Plaintiffs, alleging themselves to be the heirs of Gilbert Leonard, deceased, instituted this suit for the recovery of a tract of land, purchased by their ancestor in 1810, of Celestino De St. Maxeut, and which he caused to be laid off and divided in town lots; and averred that same constituted one of the environs of the city of Baton Rouge, and is designated upon the map of the city as Leonard town, and which extends along the Mississippi river, between the terminal points of North Boulevard and Convention streets,.in that city.
They allege…
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