Reports of Cases Argued and Determined in the Supreme Court of Louisiana (Volume 3; V. 6-7 ) (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1853. Not illustrated. Excerpt: ... The words " front to the river," prima facie, designate ariparioua estate.--7 N. S. 622; 8 N. S. 579. The vendee of a riparious estate, acquires a qualified property, in the bank of the river, and consequently the batture which may thereafter arise before the estate.--C. C. 501, et. seq.; 9 M. 656; 7 N. S. 81,622; 8 N. S. 672; 5 L. R. 422; 11 L. R. 140; 18 L. R. 122,278. An intervening highway does not prevent this, when the owner of the estate is bound to repair it, and the soil of it is at his risk. Appeal from the court of the first district. Aforeau, for the plaintiff. In the year 1789, Bortrand Gravicr sold to J. B. Poeyfarre', under whom the plaintiff and appellant claims, a piece of land, then a part of a plantation, near the city of New-Orleans, on which the faubourg St. Mary now stands. The deed expresses that the piece of land has so many feet of front to the river, and so many in depth, according to a plan which had been made by a surveyor a few days before the sale. The witnesses produced by the plaintiff depose 20 that there did not exist any batture, at the time of the sale, in front of this piece of land: and it is likewise in proof that the plaintiff, and those under whom he claims, did repair during a number of years, after the sale, the road and levee in front. A few years ago, the defendants took possession, and began to exercise acts of ownership on the portion of the batture, which has been successively formed in front of the premises, under what title does not appear, for when the plaintiff has brought his action against them, they rely solely on their possession of one year and one day, without producing any title. The plaintiff has shown his own, and the defendants have contended that the sale of Gravier to Poeyfarre' did not include the ...