John Walter Boudreaux v. Paul Christopher Cummings

11 This case requires the Court to determine whether or not John Walter Bou-dreaux (“Boudreaux”) possessed the real right at issue as “owner,” thereby acquiring by acquisitive prescription of thirty years a predial servitude of passage,1 or whether he exercised this real right merely as a “precarious possessor” — that is, “with the permission of or on behalf of’2 Paul Christopher Cummings (“Cummings”) and his ancestors in title, the Weills. In my view, the majority opinion eviscerates the well-established burden-shifting structure laid out in our Civil Code, allowing Cummings to prevail based…