Tensas Delta Land Co. v. Whatley
Louisiana Court of Appeal
1Opinion of the Court
DREW, Judge.
This suit is brought under Act No. 38 of 1908 claiming title to the northeast ⅛ of northeast ½, section 36, township 11 north, range 8 east, Louisiana principal meridian located in the parish of Catahoula.
Defendants filed a motion to dismiss, alleging they were in'possession of said property as owners, and that their possession was physical, continuous, open, and notorious, and therefore the suit could not he brought under Act No. 38 of 1908, which act provides for suits to be brought under it only when neither party is in possession of the property claimed.
The motion was fixed…
2Cases cited6 opinions
- Bordages v. StaggersLouisiana Court of Appeal · 1925
- Brown v. Gulf Refining Co.Louisiana Court of Appeal · 1927
- Banahan v. HughesSupreme Court of Louisiana · 1924
- Harris v. George W. Signor Tie Co.Louisiana Court of Appeal · 1929
- Parker v. SummersLouisiana Court of Appeal · 1928
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3Cited by2 opinions
- Mrs. Marie Bish v. Employers Liability Assurance Corporation, LimitedCourt of Appeals for the Fifth Circuit · 1956
- Tensas Delta Land Co. v. WhatleyLouisiana Court of Appeal · 1936