Legal Opinion

Duplessis v. Lastrapes

Supreme Court of Louisiana

Decided September 15, 1845PublishedCited by 5 opinions

Appeal from the District Court of St. Martin, King, J. The plaintiff prayed for damages for a trespass upon his land, committed by the defendant, and for a judgment establishing the boundary between his land and the defendant’s.

1Opinion of the Court

Martin, J.*

This is an action of trespass, alleged to have been committed by the defendant on the plaintiff’s land. The defendant pleaded-the general issue, urging the locus in quo not to be within plaintiff’s land, but within that of the defendant. In other words the action assumed the character of one of homage. The defendant filed an amended answer, stating that if the plaintiff proved himself entitled to locate his land as claimed by him, that is to say, by running the lower line of his tract down the bayou, the defendant would become entitled to have the lower line of his own tract, which…

2Cited by5 opinions

  1. Clapham v. ClaytonSupreme Court of Louisiana · 1907
  2. Board of Liquidating Com'rs of Bank v. DodsonSupreme Court of Louisiana · 1912
  3. Hutchinson v. RobinsonLouisiana Court of Appeal · 1951
  4. Succession of GraceSupreme Court of Louisiana · 1877
  5. Landry v. PoirrierLouisiana Court of Appeal · 1915

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