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WHITEHALL OIL COMPANY v. BOAGNI

No. 1943.

197 So.2d 679 (1967)

WHITEHALL OIL COMPANY, Inc., et al., Plaintiffs-Appellees, v. Vincent BOAGNI, Jr., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 12, 1967.

Attorney(s) appearing for the Case

Voorhies, Labbe, Fontenot, Leonard & McGlasson, by Bennett J. Voorhies, Lafayette, Andrus & Pavy, by Alex L. Andrus, Jr., Opelousas, Kantrow, Spaht, Weaver & Walter, by Carlos G. Spaht, Baton Rouge, for defendants-appellants-appellees.

Liskow & Lewis, by William M. Hall, Jr., Lafayette, for plaintiff-appellee.

Pavy & Boudreaux, by A. V. Pavy, Morgan J. Goudeau, III, Opelousas, La., for plaintiffs-appellees-appellants.

Lewis & Lewis, by Seth Lewis, Jr., Boagni & Boagni, by Charles F. Boagni, Jr., and Charles F. Boagni, III, Opelousas, for defendants-appellees.

En Banc.

TATE, Judge.

The issue of the present concursus proceeding is whether 1942 mineral royalty reservations affecting the subject tract (Lot "E") are extinguished by the ten-year prescription for non-use. The issue is identical to that in a companion suit consolidated with the present for trial and appeal and decided by us this date. Whitehall Oil Company, Inc. v. Heard, 197 So.2d 672.

For the reasons stated in our opinion in...

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