Cited by
Opinions in Louisiana that cite Sessum v. Hemperley, 96 So. 2d 832.
- Mary O'neal v. Ronnie Newcomb La. Ct. App. 3d Cir. 2016
- O'Neal v. Newcomb 209 So. 3d 1039 La. Ct. App. 1st Cir. 2016
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Dudenhefer v. Meraux Land Development, L.L.C.
840 So. 2d 1238
La. Ct. App. 1st Cir. 2003
o conditions must concur: First, there must be a visible boundary, artificial or otherwise; second, there must be actual uninterrupted possession, either in person or through ancestors in title, for thirty years or more of the land extending beyond that described in the title and embraced within the visible bounds.’ (Emphasis added) *1245 citing, , (1957).
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Rathborne v. Hale
667 So. 2d 1197
La. Ct. App. 4th Cir. 1996
In Gelpi v. Shall, supra, at 1016 , this Court succinctly stated the law relative to acquisitive prescription: " , (1957), and most recently reiterated by our Supreme Court in William T. Burton Industries, : `[W]here there is a visible boundary which has been in existence for thirty years or more and the defendant in a boundary action and his predecessors in title have, in add
- Harmon v. Harmon 617 So. 2d 1323 La. Ct. App. 1st Cir. 1993
- Williamson v. Kelly 520 So. 2d 868 La. Ct. App. 3d Cir. 1987
- Schexneider v. Villejoin 493 So. 2d 860 La. Ct. App. 1st Cir. 1986
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Williams v. Baughman
477 So. 2d 734
La. Ct. App. 1st Cir. 1985
The question is resolved by this Court’s , (1957) where this lucid statement of the law is found: “[Wjhere there is a visible boundary which has been in existence for thirty years or more and the defendant in a boundary action and his predecessors in title have, in addition to the land described in the title, actually possessed land extending to
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Deshotel v. Lachney
465 So. 2d 974
La. Ct. App. 3d Cir. 1985
App. 3rd Cir.1965); , (1957) *980 (dicta).
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Brown v. Wood
451 So. 2d 569
La. Ct. App. 2d Cir. 1984
646 , (1961); , (1957); Buckley v. Catlett, 203 La.
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Kelley v. Stringer
422 So. 2d 189
La. Ct. App. 2d Cir. 1982
1st Cir.1933); , (1957).
- Sayes v. Tassin 419 So. 2d 20 La. Ct. App. 1st Cir. 1982
- Travis v. Lake Superior Piling Co. 401 So. 2d 432 La. Ct. App. 1st Cir. 1981
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Fruge v. Lyons
373 So. 2d 220
La. Ct. App. 3d Cir. 1979
*227 444, (1957) where this lucid statement of the law is found: "[W]here there is a visible boundary which has been in existence for thirty years or more and the defendant in a boundary action and his predecessors in title have, in addition to the land described in the title, actually possessed land extending to that visible b
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William T. Burton Industries, Inc. v. Monk
372 So. 2d 817
La. Ct. App. 1st Cir. 1979
(1957); William T. Burton Industries, (La.App.
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Gelpi v. Shall
355 So. 2d 1014
La. Ct. App. 4th Cir. 1978
(1957), and most recently reiterated by our Supreme Court in William T. Burton Industries, (1977): "[W]here there is a visible boundary which has been in existence for thirty years or more and the defendant in a boundary action and his predecessors in title have, in additi
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Brookshire v. Guidry
355 So. 2d 559
La. Ct. App. 3d Cir. 1978
William T. Burton Industries, , (1957).
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William T. Burton Industries, Inc. v. Wellman
343 So. 2d 996
La. 1977
(1957) where this lucid statement of the law is found: "[W]here there is a visible boundary which has been in existence for thirty years or more and the defendant in a boundary action and his predecessors in title have, in addition to the land described in the title, actually possessed land extending to
- Fiorello v. Knecht 334 So. 2d 761 La. Ct. App. 4th Cir. 1976
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Wm. T. Burton Industries, Inc. v. Wellman
346 So. 2d 718
La. Ct. App. 1st Cir. 1976
He relies largely on the above articles, , (1957); (La.App.
- Prather v. Valien 327 So. 2d 130 La. Ct. App. 3d Cir. 1976
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Trahan v. Frankland
317 So. 2d 298
La. Ct. App. 3d Cir. 1975
(1957), the Louisiana Supreme Court stated as follows: "Under the provisions of LSA-C.C.
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Huval v. Dupuis
302 So. 2d 636
La. Ct. App. 3d Cir. 1974
App. 3 Cir. 1965), , (1957).
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Oliver v. Milliken & Farwell, Inc.
290 So. 2d 738
La. Ct. App. 1st Cir. 1974
843: 'Clearly, the now well-established rule, as a result of our codal provisions and the cited authorities, is that where there is a visible boundary which has been in existence for thirty years or more and the defendant in a boundary action and his predecessors in title have, in addition to the land
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Carpenter v. Cobb
293 So. 2d 888
La. Ct. App. 1st Cir. 1974
In comprehensively reviewing the law dealing with the establishment of boundary lines, the Supreme Court, [ 233 La.
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Winch v. Veazey
282 So. 2d 779
La. Ct. App. 3d Cir. 1973
(3rd Cir. 1965) we took the position that a formal survey was not necessary, it being sufficient under Article 853 to show an extrajudicial survey or the consent or active acquiescence of the adjacent landowners to a visible boundary line, , (1957).
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Ratcliff v. Gordon
268 So. 2d 98
La. Ct. App. 1st Cir. 1972
The court further said: “It is our firm conviction that the public interest requires that boundaries established for more than 30 years should not be disturbed; and we think the law so provides.” , (1957).
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Dunn v. Masson
263 So. 2d 444
La. Ct. App. 1st Cir. 1972
Robertson v. Morgan, La.App., ; , ; Walters v. Rainey, La.App., ; Savoie v. Savoy, La.App., .
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Savoie v. Savoy
262 So. 2d 582
La. Ct. App. 1st Cir. 1972
Walters v. Rainey, La.App., .
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Johnson v. Horton
262 So. 2d 158
La. Ct. App. 1st Cir. 1972
(1957), the Supreme Court discussed the prescription provided for under Article 852 thusly: “LSA-C.C.
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Ledoux v. Waterbury
261 So. 2d 96
La. Ct. App. 1st Cir. 1972
482 ; , ; Blanchard v. Monrose, 12 La.App.
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Walters v. Rainey
260 So. 2d 22
La. Ct. App. 1st Cir. 1972
Article 852 , (1957) and its progeny.
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Delatte v. Petit
252 So. 2d 733
La. Ct. App. 1st Cir. 1971
(1957) the Supreme Court of this state set forth the criteria necessary for the successful reliance upon this article : “Clearly, the now well-established rule, as a result of our codal provisions and the cited authorities, is that where there is a visible boundary which has been in existence for thirty
- State ex rel. Department of Highways v. Kilchrist 225 So. 2d 25 La. Ct. App. 1st Cir. 1969
- Harvey v. Havard 225 So. 2d 615 La. Ct. App. 1st Cir. 1969
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Snellings v. Lutz
219 So. 2d 781
La. Ct. App. 2d Cir. 1969
(1957), and Article 852 of the Civil Code.
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Monceret v. Jewell
222 So. 2d 336
La. Ct. App. 1st Cir. 1969
discussed the thirty year prescription of LSA-C.C.
- Motty v. Broussard 201 So. 2d 293 La. Ct. App. 1st Cir. 1967
- Bergeron v. Overhultz 194 So. 2d 445 La. Ct. App. 1st Cir. 1966
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Hinckley v. Francisco
189 So. 2d 296
La. Ct. App. 1st Cir. 1966
So.2d 832 ; Porche v. Martin, La.App.
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Branch v. Hinson
183 So. 2d 655
La. Ct. App. 1st Cir. 1966
825 , , and (2) plaintiff is owner of the disputed property by virtue of thirty years acquisitive prescription as provided for in Articles 852 and 3499, LSA-C.C.
- Ponder v. Fussell 180 So. 2d 413 La. Ct. App. 1st Cir. 1965
- Porche v. Martin 177 So. 2d 288 La. Ct. App. 1st Cir. 1965
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LaCalle v. Chapman
174 So. 2d 668
La. Ct. App. 3d Cir. 1965
With all due respect for Judge Ellis's reasoning, , (1957), although, as Judge Ellis says, the court's ruling there as to Article 853 was obiter dictum.
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Cox v. White
160 So. 2d 418
La. Ct. App. 1st Cir. 1964
quantity of land beyond that mentioned in his title, he will be permitted to retain it, and his neighbor, though he have a more ancient title, will only have a right to the excess; for if one can not prescribe against his own title, he can prescribe beyond his title or for more than it calls for, provided it be by thirty years possession.” , (1957), all disagreement over the meaning of Article 852 was resolved and it was held on rehearing by the Supreme Court as follows: “Under the provisions of
- Stanford v. Robertson 144 So. 2d 747 La. Ct. App. 3d Cir. 1962
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Aycock v. Carter
141 So. 2d 45
La. Ct. App. 1st Cir. 1962
It is complained that the lower court erred as a matter of law in relying on the case of Hester v. Smith, supra, , (1957).
- Duplantis v. Cehan 140 So. 2d 409 La. Ct. App. 1st Cir. 1962
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Baudin v. Charrier
137 So. 2d 440
La. Ct. App. 1st Cir. 1962
1 , , noted at 18 La.L.Rev.
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Brashears v. Hood
137 So. 2d 88
La. Ct. App. 1st Cir. 1962
482 ; , ; Mills v. Butler, La.App., .