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BERTRAND v. HALLEY

No. 83-1071.

460 So.2d 705 (1984)

Huey P. BERTRAND, Plaintiff-Appellee, v. John Henry HALLEY, et ux., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

December 12, 1984.

Attorney(s) appearing for the Case

Nathan A. Cormie, Lake Charles, for defendant-appellant.

McHale, Bufkin & Dees, Louis D. Bufkin, Lake Charles, for plaintiff-appellee.

Before DOMENGEAUX, GUIDRY and KNOLL, JJ.

KNOLL, Judge.

This appeal concerns a predial servitude. John Halley and his wife, Ruby Halley, (hereafter Halleys) appeal a declaratory judgment in favor of Huey P. Bertrand (hereafter Bertrand) decreeing the existence of a predial servitude for the use of a water well on the Halleys' property. The Halleys assign as error the following: (1) whether Everett Doland, the common ancestor in title of the Halleys and Bertrand, established a real or personal servitude; ...

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