HARDY v. BROWN

No. 13221.

345 So.2d 971 (1977)

Elmer Neal HARDY, Sr., Plaintiff-Appellee, v. A. C. BROWN, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 25, 1977.


Attorney(s) appearing for the Case

Kitchens, Benton & Kitchens by Graydon K. Kitchens, Jr., Minden, for defendant-appellant.

Robinson & Smith by C. Wayne Smith, Homer, for plaintiff-appellee.

Before BOLIN, HALL and MARVIN, JJ.


MARVIN, Judge.

In a boundary action, summary judgment was granted on the issue of the location of a public road in 1860 as the boundary between lands of plaintiff and defendant. Defendant appeals. We reverse.

Plaintiff relies on a 1976 affidavit of an employee of a mineral lessee whose employer leased the lands in question in 1949. In essence, this employee states that for the purpose of determining the boundary and leasing the lands, he obtained in 1949 several...

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