SANDEFER & ANDRESS, INC. v. PRUITT

No. 17057-CA.

471 So.2d 933 (1985)

SANDEFER & ANDRESS, INC., Plaintiff-Appellee, v. James H. PRUITT, et al and Valras C. Yeates, et al, Defendants-Appellees Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

June 12, 1985.


Attorney(s) appearing for the Case

Campbell, Campbell & Johnson by James M. Johnson, Minden, for plaintiff-appellee, Sandefer & Andress, Inc.

C. Sherburne Sentell, Jr., Minden, for defendants-appellees, James H. Pruitt, et al.

Henry G. Hobbs, Minden, for defendants-appellants, Valras C. Yeates, et al.

Before FRED W. JONES, JR., NORRIS and LINDSAY, JJ.


NORRIS, Judge.

This is a concursus proceeding. At stake is the ownership of minerals that underlie a 60-acre portion of the 260-acre "Scott Tract" in Webster Parish. The trial court found that although the title was burdened of record with a mineral servitude, ten years of nonuse had elapsed, thus unifying the surface and mineral estates. The appellants here are a group of mineral claimants who derive their title from the original servitude owners. Not all the mineral...

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