POOLE v. GUSTE

No. 51422.

262 So.2d 339 (1972)

261 La. 1110

Theodora Milloit POOLE and Weldon W. POOLE, Plaintiffs-Appellees-Respondents, v. William J. GUSTE, Jr. and Roy F. GUSTE Defendants-Appellants-Relators.

Supreme Court of Louisiana.

Rehearing Denied June 5, 1972.


Attorney(s) appearing for the Case

William McM. King, Covington, for defendants-applicants.

Robert L. Kleinpeter, Baton Rouge, Marian Mysing Livaudais, F. Pierre Livaudais, Covington, for plaintiffs-respondents.


TATE, Justice.

The essential issue concerns the plaintiffs', the Pooles', claim that their estate enjoys a servitude of drain into and through a canal which is on the adjacent property of the defendants, the Gustes.

The Gustes built levees which both previous courts found prevented the flow of the surface water from the Poole property into the canal on the Guste property. Upon finding that the Poole estate was owed a servitude of drain by the Guste estate...

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