Dennistoun v. Walton
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. The 446th article of the Civil Code, classes amongst things for common use, the banks of navigable rivers, reserving the right of property to the front proprietor. The 448th article declares, that on the river Mississippi, the levée shall form the banks. The 661st article characterizes this right as a servitude.
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Appeal from the District Court of the First District, Buchanan, J. The 446th article of the Civil Code, classes amongst things for common use, the banks of navigable rivers, reserving the right of property to the front proprietor. The 448th article declares, that on the river Mississippi, the levée shall form the banks. The 661st article characterizes this right as a servitude. The 745th article declares, that estates subjected to servitude, may be further subjected to others, provided that the second does not interfere with the first. The 749th article declares, that donations of this kind…
1Opinion of the CourtBullard, J.
This controversy commenced by a seizure for rent. The defendant makes opposition, claims the nullity of the lease on the ground that the property leased is a batture,* and, in reconvention, prays for the restitution of rents already paid by mistake. The court declared the lease null, and the plaintiffs have appealed.
The lease is of the batture lying between the public road and the river, in front of the plaintiffs’ tract of land in the parish of Jefferson, opposite to Livaudais, having four acres of front, to be used by the lessee as a coal and wood yard, at forty dollars per month. The…
2Cases cited5 opinions
- Tippet v. JettSupreme Court of Louisiana · 1836
- Chase v. TurnerSupreme Court of Louisiana · 1836
- Pulley & Erwin v. Municipality No. 2Supreme Court of Louisiana · 1841
- Shepherd v. Third MunicipalitySupreme Court of Louisiana · 1844
- Harrison v. LavertySupreme Court of Louisiana · 1820
3Cited by15 opinions
- Nabors Oil & Gas Co. v. Louisiana Oil Refining Co.Supreme Court of Louisiana · 1921
- Texas Co. v. State Mineral BoardSupreme Court of Louisiana · 1949
- Spence v. LucasSupreme Court of Louisiana · 1915
- Stinson v. MarstonSupreme Court of Louisiana · 1936
- Bright v. BellSupreme Court of Louisiana · 1905
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