Legal Opinion · Concurrence

Delaune v. Williams

Louisiana Court of Appeal

Decided February 10, 1975No. 10134Published

1ConcurrenceEllis, Judge

I concur in the result reached herein. In my opinion, the Courts of this state have in the past so interpreted Articles 1304, 1305 and 1306 of the Civil Code as to engraft onto them the requirements for acquisitive prescription and certain common law rules relating to prescription between co-owners which are not present in our code. Crayton v. Waters, 146 La. 238, 83 So. 540 (1919); Liles v. Pitts, 145 La. 650, 82 So. 735 (1919); Southeastern Public Service Company v. Barras, 246 So.2d 298 (La.App. 3 Cir. 1971).

I believe these interpretations to be fundamentally erroneous. In my opinion,…

2Cases cited5 opinions

  1. Opdenwyer v. BrownSupreme Court of Louisiana · 1924
  2. Liles v. PittsSupreme Court of Louisiana · 1919
  3. Crayton v. WatersSupreme Court of Louisiana · 1919
  4. Southeastern Public Service Co. v. BarrasLouisiana Court of Appeal · 1971
  5. Ratcliff v. GordonLouisiana Court of Appeal · 1972

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API