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ROBERSON v. REESE

No. 13426.

354 So.2d 1079 (1978)

Levi ROBERSON, Plaintiff-Appellant, v. J. B. REESE, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

January 16, 1978.

Attorney(s) appearing for the Case

Barham, Adkins & Coleman by Ronald G. Coleman, Ruston, for plaintiff-appellant.

Waltman, Napper & Madden by R. H. Madden, III, Ruston, for defendant-appellee.

Before BOLIN, MARVIN and JONES, JJ.

BOLIN, Judge.

Plaintiff, alleging his land was enclosed, petitioned the court to establish judicially his right of passage across defendant's property to the nearest public road. Defendant's exception of no cause of action was sustained, plaintiff's suit was ordered dismissed, and he appeals. We agree the exception should have been sustained, but we grant plaintiff an opportunity to amend his petition.

The landowner...

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