MESTAYER v. CITIES SERVICE DEVELOPMENT COMPANY

No. 333.

136 So.2d 513 (1961)

Stanley MESTAYER et al., Plaintiffs-Appellants, v. CITIES SERVICE DEVELOPMENT COMPANY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearings Denied January 31, 1962.

Certiorari Denied March 27, 1962.


Attorney(s) appearing for the Case

Henican, James & Cleveland, Kalford K. Miazza, Mestayer & Simon, by C. Ellis Henican, New Orleans, for plaintiffs.

Julius B. Nachman, Alexandria, for Mrs. Mildred B. Carpenter and the Heirs of C. M. Carpenter.

Anderson, Hall, Raggio & Farrar, by Richard A. Anderson, Lake Charles, for Sun Oil Co.

Landry, Watkins, Cousin & Bonin, by Jack J. Cousin, New Iberia, for the Duhe-Sealy Group of defendants.

Armentor & Resweber, by Minos H. Armentor, New Iberia, for the Heirs of Albert Mestayer.

Bailey & Mouton, by George J. Bailey, Lafayette, for Cities Service Production Co. and others.

Helm, Simon, Caffery & Duhe, by Lawrence P. Simon, New Iberia, for Texaco, Inc.

Voorhies, Labbe, Voorhies, Fontenot & Leonard, by Bennett J. Voorhies, Lafayette, for Walter Delahoussaye & Emma Delahoussaye Doerle.

Eugene D. Broussard, Newton T. Pharr, New Iberia, Curators for certain absentee defendants.

Edmund McIlhenny, New Orleans, for Myrthe Celeste Schwartz, and others, appellees.

F. Xavier Mouton, Lafayette, for Irsi Dugas Buszek, and other appellees.

Henry A. Mentz, Jr., Hammond, for Kenneth Reid Dupuy, appellee.

Alvin J. Liska, John P. Yuratich, New Orleans, for Mabel Mestayer, appellee.

En Banc.


TATE, Judge.

This petitory action was filed in 1955. The plaintiffs are descendants of, or assigns of descendants of, Francois and Ida Mestayer, husband and wife, who died in 1872 and 1883 respectively. By this suit the plaintiffs claim title to 114.56 acres, contending that this relatively small strip of a large tract formerly owned by the estate of Ida Mestayer was never sold in her succession or by her heirs.

Made defendants are the present possessors of...

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