PALGRAVE v. TALLIEU

Nos. 86-CA-712, 86-CA-21, 86-CA-22, 86-CA-23.

508 So.2d 97 (1987)

Dilia Montoya, wife of/and Christopher PALGRAVE v. James E. TALLIEU, A & T Properties, a Louisiana Partnership in Commendam and Jerry Gros.

Court of Appeal of Louisiana, Fifth Circuit.

May 1, 1987.


Attorney(s) appearing for the Case

James T. Flanagan, Wayne H. Scheuermann, David C. Loeb, Metairie, for defendants/appellees.

Elizabeth M. Williams, New Orleans, Joseph L. Montgomery, Metairie, for plaintiffs/appellants.

Before GAUDIN, DUFRESNE and WICKER, JJ.


WICKER, Judge.

These combined cases address servitude rights of passage across immovable property and damages suffered by the unknowing owners of the servient estate as a result of their vendor's failure to disclose the existence of the servitude. They also address damages suffered by a vendee as a result of an undisclosed pre-existing "wrap around" mortgage granted by vendors. The trial judge granted the plaintiffs the prayed-for servitude (but to a lesser extent...

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