HALE v. HULIN

No. 279.

130 So.2d 519 (1961)

Widney R. HALE, Plaintiff and Appellee, v. Warren HULIN, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 14, 1961.


Attorney(s) appearing for the Case

Marion W. Groner, New Iberia, for defendant-appellant.

Eugene D. Broussard, New Iberia, for plaintiff-appellee.

Before TATE, HOOD and CULPEPPER, JJ.


CULPEPPER, Judge.

This case involves a claim by plaintiff to a servitude of drain, consisting of a man-made ditch, across a portion of defendant's property. Plaintiff alleges that the ditch in question, which drains from plaintiff's property across the adjoining property of defendant, has been in existence for some 60 years, thereby creating a servitude of drain across defendant's property by a possession of 10 years under LSA-Civil Code, Article 765.

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