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DILLON v. MORGAN

No. 13553.

362 So.2d 1130 (1978)

Ira C. DILLON, Plaintiff-Appellant, v. Harold G. MORGAN, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied October 11, 1978.

Attorney(s) appearing for the Case

McConnell & McConnell by S. David Holladay, Springhill, for plaintiff-appellant.

Fish & Montgomery by Roy M. Fish, Springhill, for defendant-appellant.

Before PRICE, HALL, MARVIN, JONES and FLENIKEN (assigned), JJ.

En Banc. Rehearing Denied October 11, 1978.

MARVIN, Judge.

The issue is whether a seller of land by warranty deed may claim against his purchaser a servitude of one-half minerals reserved in the deed by the seller, when the seller failed to declare to the purchaser an earlier created servitude of one-half minerals affecting the land.

When the defendant in this declaratory judgment action purchased the property in 1969, his vendor, Dean, reserved one...

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