Legal Opinion · Concurrence

Emery v. Orleans Levee Board

Louisiana Court of Appeal

Decided November 29, 1943No. 17921Published

1Concurrence

Being convinced that plaintiffs' action must fail for reasons which are somewhat different from those expressed in the main opinion, it is in order for me to set forth the views which I entertain.

Since this is a petitory action, the duty rested upon plaintiffs to establish a title to the property in controversy. They maintain that they have carried this burden and that the title which they received from the State is wholly valid under the redemption statute, Act No. 47 of 1938. On the other hand, the defendant contends that plaintiff's title is not good for the reason that the lands in…

2Cases cited16 opinions

  1. Atchafalaya Land Co. v. F. B. Williams Cypress Co.Supreme Court of Louisiana · 1920
  2. McDade v. Bossier Levee BoardSupreme Court of Louisiana · 1902
  3. State Ex Rel. Fitzpatrick v. GraceSupreme Court of Louisiana · 1936
  4. Airey v. TugwellSupreme Court of Louisiana · 1941
  5. Atchafalaya Land Co. v. Dibert, Stark & Brown Cypress Co.Supreme Court of Louisiana · 1925

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