Percy Fontenot v. Texaco, Incorporated

In this Louisiana slander of title action appellant seeks cancellation of a mineral servitude of appellee, insofar as it affects appellant’s property, on the ground that the servitude has been extinguished under Louisiana law for nonuse for a period of 10 years. See La.Rev.C.C. Articles 789 and 3546. The servitude was created on May 13, 1924, by the reservation thereof of the subsoil below the depth of 500 feet from the surface of the earth. On February 11, 1929, the prescription accruing on this mineral servitude was interrupted by express acknowledgment, intended to operate as an…