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PIZZITOLA v. PACE

No. 1351.

161 So.2d 441 (1964)

Vito J. PIZZITOLA v. Peter PACE.

Court of Appeal of Louisiana, Fourth Circuit.

March 2, 1964.

Attorney(s) appearing for the Case

Alcide J. Weysham, New Orleans, for plaintiff-appellant.

Albert A. Bargas and Charles E. Deichmann, New Orleans, for defendant-appellee.

Before SAMUEL, TURNER and BARNETTE, JJ.

CHRIS T. BARNETTE, Judge pro tem.

Plaintiff-appellant and defendant-appellee are owners of adjacent property separated by a common passageway serving the two lots and residences thereon known by municipal numbers, 125-127 South Gayoso Street, and 129-131 South Gayoso Street in the City of New Orleans.

Plaintiff alleges that the following clause appears in the respective deeds to said property:

"The parties hereto, both vendors and vendee, stipulate...

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