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FUSILIER v. FOURNERAT

No. 6446.

359 So.2d 1060 (1978)

Levin FUSILIER, Plaintiff-Appellant, v. Atney FOURNERAT, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

May 24, 1978.

Attorney(s) appearing for the Case

Devillier, Ardoin & Morrow, Anthony J. Fazzio and David Cook, Eunice, for plaintiff-appellant.

Guillory, McGee & Mayeux, A. Frank McGee, Eunice, for defendant-appellee.

Before WATSON, GUIDRY and CUTRER, JJ.

WATSON, Judge.

Plaintiff, Levin Fusilier, filed this suit October 14, 1975, to claim a right of passage across the land of defendant, Atney Fournerat. Plaintiff alleged that his property in Acadia Parish, Louisiana constituted an enclosed estate as defined in LSA-C.C. art. 699.

The evidence supports the trial court's factual conclusion that plaintiff's property is not an enclosed estate, because a public road on the East designated as "E" is accessible to...

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