Cited by
Opinions in Louisiana that cite Achee v. Caillouet, 1 So. 2d 530.
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Nelson v. Young
234 So. 2d 54
La. 1970
I disagree with the majority, being of the opinion that the issue presented here has been correctly disposed of in the following cases: , 1 So.
- LeBleu v. LeBleu 206 So. 2d 551 La. Ct. App. 3d Cir. 1967
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Williams v. Arkansas Louisiana Gas Company
193 So. 2d 78
La. Ct. App. 2d Cir. 1966
868 , -209 (1952), the Supreme Court made this observation: " , , it was contended that a mineral lease, for a primary term extending beyond the date when prescription would have accrued on a mineral servitude affecting the property, signed by both the landowner and the mineral owner, was a joint lease; and as such it constituted an acknowledgment on the part of the
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Armour v. Smith
170 So. 2d 347
La. 1964
518 ; , ; Robinson v. Horton, 197 La.
- Armour v. Smith 158 So. 2d 446 La. Ct. App. 1st Cir. 1963
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Namie v. Namie
134 So. 2d 572
La. Ct. App. 2d Cir. 1961
However, this holding was carefully clarified and explained by the opinion of the Supreme Court, on rehearing, in Achee, et al. v. Caillouet, et al., , , which stated: "In the Bremer case, explaining the theory on which the ruling in the Mulhern case was based, we said that Mulhern's joining the owners of the servitude in the execution of the oil and gas lease not only evidenced his intention of acknowledging their rights, but evidenced also his `c
- Roberts v. Cooper 127 So. 2d 369 La. Ct. App. 2d Cir. 1961
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Nolen v. Bennett
119 So. 2d 636
La. Ct. App. 2d Cir. 1960
518 ; Achee v. Caillouet, 1941, , ; White v. Hodges, 1942, 201 La.
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Crown Central Petroleum Corporation v. Barousse
117 So. 2d 575
La. 1960
518 ; , ; Baker v. Wilder, 204 La.
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Hinchee v. Long Bell Petroleum Co.
103 So. 2d 84
La. 1958
759 , ; , ; Hightower v. Maritzky, 194 La.
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Elkins v. Roseberry
96 So. 2d 41
La. 1957
931 , ; Achee v. Caillouet, supra [ , ] ; White v. Hodges, 201 La.
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Delta Refining Co. v. Bankhead
73 So. 2d 302
La. 1954
There was, therefore, nothing in the lease to indicate that Bremer intended to interrupt prescription.” , , this Court stated: “ * * * It is utterly inconsistent and irreconcilable with the firmly established rule that a bare acknowledgment by the landowner of the existence of the mineral rights of another in his land does not interrupt the running of prescription in the sense that the prescription begi
- Barnsdall Oil Co. v. Miller 69 So. 2d 21 La. 1953
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Smith v. Holt
67 So. 2d 93
La. 1953
518 , , , Baker v. Wilder, 204 La.
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Arkansas Louisiana Gas Co. v. Thompson
64 So. 2d 202
La. 1953
it was contended', that a mineral lease, for a primary term, extending beyond the date when prescription would have accrued on a mineral servitude affecting the property, signed by both the landowner and the mineral owner, was a joint lease; and as such it constituted an acknowledgment on the part of t
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Wise v. Watkins
62 So. 2d 653
La. 1952
518 ; , ; Spears v. Nesbitt, 197 La.
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Placid Oil Co. v. George
49 So. 2d 500
La. Ct. App. 1st Cir. 1950
in which it was-held that even the joining of the land owner with the mineral owner in a lease contract did not constitute an interruption or prescription unless the same was clearly intended by the parties.
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Liberty Farms, Inc. v. Miller
45 So. 2d 610
La. 1950
521 , we observed: “In order for an acknowledgment by a landowner that his land is subject to certain mineral rights in favor of a person named in the acknowledgment to have the effect of interrupting the prescription by which such rights are extinguished the intention that the acknowledgment shall have that effect must be expressed in unmistakable terms.” See also Ahee v. Caillouet, 197 La, 313, and Baker v. Wilder, 204 La.
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Baker v. Wilder
16 So. 2d 346
La. 1943
518 ; , (on rehearing), and Spears v. Nesbitt, 197 La.
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White v. Hodges
9 So. 2d 433
La. 1942
the Court, in its opinion on rehearing, said: “ * * * It is utterly inconsistent and irreconcilable with the firmly established rule that a bare acknowledgment by the landowner.of the existence of the mineral rights of another in his land does not interrupt the running of prescription in the sense
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Spears v. Nesbitt
2 So. 2d 650
La. 1941
cle 3520 of the Revised Civil Code, a careful study and analysis of the Mulhern case and the cases decided by this court dealing with joint leases will disclose that the court reached the right conclusion but based the same on the wrong principles of law and that the reason for the holding in that case has, in effect, , handed down March 31, 1941.