Reports of Cases Argued and Determined in the Supreme Court of Louisiana and in the Superior Court of the Territory of Louisiana Volume 18; Annotated (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1841 Excerpt: ... Eastebn Uis. better situation than he; having acquired this note after its April, 1841.... r maturity. Municipalitt The judgment of the Commercial Court is therefore affirmwo. 2.. vs. ed with costs. nuan COTTOlf PRESS. MUNICIPALITY No. 8 vs. ORLEANS COTTON PRESS. APPEAL FROM TRB PARISR COURT FOR TRE PARISR AND CITY OP NEW ORLEANS. The right to future alluvial formation or batture is a vested right; inherent in the property itself, and forms an essential attribute of it; resulting from natural law, in consequence of the local situation of the land to which it attaches. Cities may acquire jure alluviums, but it must be as owner of the front, or as Riparian proprietor; for the alluvion is but an accessory to the principal estate or land. There is nothing in the Roman law which restricts the right of alluvion to particular localities, or portions of land, haying particular names; but the right depends on the question whether the land had fixed and invariable limits, or a natural boundary on one side by a water course. The Jesuits' plantation, out of which the locus in quo arises was originally entitled to the alluvion or batture in its front. The mere act of incorporation of the city in 1805 changing the name of this property from rural to urban, neither made the city a front proprietor, so as to acquire jure alluvionis, or deprive the front lots of the right to such accretion. The onus or burden consequent on the right of alluvion is natural, not civil; it is a risk arising from the exposed position of the land, not the expense of making embankments; for the right of alluvion exists on streams which do not overflow. The public, through the agency of the corporation, has the sole use of the levee and of the bank of the river; and the front proprietors cannot ex...