J. R. Butler v. Garvis I. Bazemore, C. T. Ruffin and Goodwyn H. Harris, Jr.

WISDOM, Circuit Judge.

This action, as the court below observed, “is the inevitable result” of Bazemore v. Whittington, 5 Cir., 1957, 245 F.2d 943.

A Louisiana landowner executed a lease purporting to cover the full mineral interest. At the time, the land was burdened with a mineral servitude covering one-half of the oil and gas interest. During the term of the lease and while the lessor owned the land, the servitude was extinguished by liberative prescription. The question at issue, here and in Bazemore v. Whittington, is whether the interest represented by the prescribed servitude inures to…