LATOUR v. FRANCIS

No. 14997.

417 So.2d 485 (1982)

Pershing J. LATOUR and Roceil A. Latour v. William FRANCIS.

Court of Appeal of Louisiana, First Circuit.

June 29, 1982.


Attorney(s) appearing for the Case

Eric M. Ferrouillet, Elie, Ferrouillet & Ferrouillet, New Orleans, for defendant-appellant.

Sidney A. Marchand, III, Talbot, Sotile, Carmouche, Marchand & Marcello, Donaldsonville, for plaintiffs-appellees.

Before LOTTINGER, EDWARDS and SHORTESS, JJ.


SHORTESS, Judge.

Pershing J. Latour and Roceil A. Latour (plaintiffs-appellees) filed suit against William Francis (defendant-appellant) seeking a permanent injunction to prevent him from obstructing their use of a certain right-of-way, allegedly owned by them. Defendant filed an Exception of Liberative Prescription, claiming that the right-of-way or servitude had been extinguished by non-usage over a period of ten years. The trial judge granted the injunction and...

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