Delabigarre v. Second Municipality of New Orleans
Supreme Court of Louisiana
APPEAL from the Fifth District Court of New Orleans. Buchanan, J. The facts material to a correct understanding of the decision in this case are stated in the opinion infra. I. The sale from John Gravier to Peter JDelabigarre, in 1804, of two-thirds of the batture in front of the faubourg St. Mary, embracing the locus in quo, is a valid title to the plaintiff, as the daughter and heir of JDelabigarre, to the one-fourth of the batture she now seeks to recover. II.
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APPEAL from the Fifth District Court of New Orleans. Buchanan, J. The facts material to a correct understanding of the decision in this case are stated in the opinion infra. I. The sale from John Gravier to Peter JDelabigarre, in 1804, of two-thirds of the batture in front of the faubourg St. Mary, embracing the locus in quo, is a valid title to the plaintiff, as the daughter and heir of JDelabigarre, to the one-fourth of the batture she now seeks to recover. II. The title .of John Gravier cannot be controverted by the defendants, because it has, by virtue of the final judgment rendered in…
1Opinion of the Court
The judgment of the court was pronounced by
Rost, J.
This is a petitory action. The plaintiff, as heir and sole representative of Pierre Delabigarre, claims the undivided fourth of a portion of the alluvion in front of faubourg St. Mary, which was a source of fierce litigation, sometimes threatening the public peace, from the change of government to the date of the contract entered into, between the parties in possession of it at the time and the city of New Orleans, on the 20th of September, 1820. She avers that her father acquired his title, on the 20th of March, 1804, from Jean Gravier, who…
2Cases cited1 opinion
- Riva's Heirs v. BernardSupreme Court of Louisiana · 1839
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- City of New Orleans v. Salmen Brick & Lumber Co.Supreme Court of Louisiana · 1914
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