RAMSEY v. JOHNSON

No. 56538.

317 So.2d 626 (1975)

Daniel I. RAMSEY et al. v. H. S. JOHNSON.

Supreme Court of Louisiana.

September 8, 1975.


Application denied. There is no error in the only assignment urged.

BARHAM, J., concurs in writ denial. The Court of Appeal opinion appears to indicate that the dominant estate can seek relocation of servitude under C.C. art. 703. Only the servient estate can take advantage of art. 703. However, the petition of plaintiff (owner of servient estate) alleges prior offer of the same relocation which was legally established by the court. Actually under the pleadings, this...

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