TOWN OF EUNICE v. CHILDS

No. 2156.

205 So.2d 897 (1967)

TOWN OF EUNICE, Plaintiff-Appellee, v. Wanda CHILDS et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 29, 1968.

Dissenting Opinion January 31, 1968.

Writ Refused March 8, 1968.


Attorney(s) appearing for the Case

Guillory, Guillory & Guillory, by Isom J. Guillory, Jr., Eunice, for defendants-appellants.

Jacque Pucheu and Wesley Clanton, Eunice, for plaintiff-appellee.

Before FRUGÉ, SAVOY and HOOD, JJ.


FRUGÉ, Judge.

This action was initiated in 1961 by the Town of Eunice to have it declared that a certain passageway, commonly referred to as "Childs' Alley", is a public throughway in the City of Eunice and to order the removal of obstructions to that alley placed by the defendants. The plaintiff's contention is that this passageway has become a public one by virtue of either "implied" or "tacit" dedication on the part of the landowner. The defendants are Wanda...

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