LeSAGE v. ELLERBEE BUILDERS, INC.

No. 82 CA 0048.

424 So.2d 282 (1982)

Leo V. LeSAGE, et ux. v. ELLERBEE BUILDERS, INC.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 14, 1983.


Attorney(s) appearing for the Case

Jack N. Dyer, Sr., Baton Rouge, for plaintiffs-appellants Leo V. LeSage and Sybil G. LeSage.

Gerard E. Kiefer, Baton Rouge, for defendant-appellee Ellerbee Builders, Inc.

Before PONDER, SAVOIE and ELLIS, JJ.


SAVOIE, Judge.

Plaintiffs, Leo V. LeSage, et ux, appeal the trial court's granting of a motion for a summary judgment in favor of defendant, Ellerbee Builders, Inc. We affirm.

In April, 1976, LeSage sold a portion of a 30-acre tract to Ellerbee. LeSage asserts the terminology of the "Cash Sale" contains a reservation of the mineral rights.

L.S.A.-R.S. 31:15 provides that a landowner may create mineral rights by reservation. Such rights must be expressly...

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