Succession of Delachaise v. Maginnis
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. A sale of property not fronting on tlio river, or the levee, but on Water street, does not convey title to the Mississippi river.
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APPEAL from the Civil District Court for the Parish of Orleans. Rightor, J. A sale of property not fronting on tlio river, or the levee, but on Water street, does not convey title to the Mississippi river. When a deed mentions as the front boundary a certain street, or gives the depth from a fixed rear line, or the levee, the batture and right of accretion do not pass, but remain in the vendor. 85 An. 161,209 ; 26 An. 810. When an act is free from ambiguity parol evidence is not admissible to vary explain or contradict it. ál An. 18. Error, unless alleged, can not be proved. Accretion belongs…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
This controversy presents for solution a question of the ownership of a piece of batture property lying on the Mississippi river in this city in front of Water street, which runs parallel to the river, and between Louisiana avenue and Delachaise street, which run at right angles to the river.
We shall simplify the case by excluding unnecessary details of successive derivative titles, and all other matters not essential.
The common authors of the conflicting titles were Mr. and Mrs. P. A. Delachaise, who owned a large riparian estate on the…
2Cases cited1 opinion
- Municipality No. 2 v. Orleans Cotton PressSupreme Court of Louisiana · 1841
3Cited by16 opinions
- Miami Corporation v. StateSupreme Court of Louisiana · 1936
- Hyer v. Holmes & Co.Court of Appeals of Georgia · 1913
- Gifford v. HortonWashington Supreme Court · 1909
- State v. AucoinSupreme Court of Louisiana · 1944
- DeSambourg v. BOARD OF COM'RSSupreme Court of Louisiana · 1993
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