LANGEVIN v. HOWARD

No. 13622.

363 So.2d 1209 (1978)

Robert Lemoine LANGEVIN et ux., Plaintiffs-Appellees, v. James Kenneth HOWARD, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied, November 14, 1978.

Writ Refused January 12, 1979.


Attorney(s) appearing for the Case

Cryer & Harp, Shreveport, for defendant-appellant.

Richie & Richie, Shreveport, for plaintiffs-appellees.

Before BOLIN, HALL and JONES, JJ.


Rehearing En Banc. Denied, November 14, 1978.

JONES, Judge.

The defendant appeals from a judgment recognizing a legal predial servitude 50 feet in width and 1,537 feet in length across his land in favor of a 1.1 acre tract owned by plaintiff. The judgment enjoins the defendant from interfering with the use of the servitude by the plaintiff and rejects defendant's damage claims based upon the alleged improper issuance of the temporary restraining order.

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