McGEE v. DEMERY

No. 1874.

176 So.2d 679 (1965)

Raymond S. McGEE v. Dave DEMERY, Jr., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 15, 1965.


Attorney(s) appearing for the Case

Harry Pelias, New Orleans, for plaintiff-appellee.

Eldon J. Andree and Joseph V. Bologna, New Orleans, for defendant-appellee, Guaranty Savings & Homestead Ass'n.

Sydney J. Parlongue, New Orleans, for third-party defendant appellee, Richard L. Voelker, Jr.

Ralph D. Dwyer, Jr., New Orleans, for defendants and third-party plaintiffs appellants, Dave Demery, Jr., and Mrs. Anna Mae Baptiste, Widow of Walter Santa Cruz.

Before McBRIDE, CHASEZ and HALL, JJ.


McBRIDE, Judge.

Two of the defendants have appealed from a judgment dismissing their third-party demand against one who is not a party to the original suit.

Plaintiff, owner of Lot No. 6, Square 1197, Third District of New Orleans, sues appellants who are co-owners of the adjoining Lot 7, alleging that they are utilizing a part of plaintiff's Lot 6 as a "community driveway" when as a matter of fact there is no public record of such servitude bearing against...

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