FULLER v. WRIGHT

No. 16729-CA.

464 So.2d 350 (1985)

Rayville F. FULLER, et al., Plaintiffs-Appellees, v. Rayford J. WRIGHT, Sr., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied March 22, 1985.


Attorney(s) appearing for the Case

Blackwell, Chambliss, Hobbs & Henry by James A. Hobbs, West Monroe, for defendants-appellants.

Wright & Hennen by Patrick H. Wright, Jr., Monroe, for plaintiffs-appellees.

Before HALL, MARVIN and NORRIS, JJ.


MARVIN, Judge.

The issue in this appeal is whether the trial court was correct in granting an injunction under CC Art. 694 to recognize a servitude of passage which had not been established or fixed either by contract or by court order but which had been exercised over an existing roadway for years before injunction was sought.

Art. 694 reads: "When in the case of partition, or a voluntary alienation of an estate or a part thereof, property alienated...

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