MITCHAM v. BIRDSONG

Nos. 22,009-CA, 22,010-CA.

573 So.2d 1294 (1991)

Arlene Powledge MITCHAM, et al., Plaintiffs-Appellees, v. Theda P. BIRDSONG, et al., Defendant-Appellant. William Carroll MITCHAM, et al., Plaintiffs-Appellees, v. Theda P. BIRDSONG, et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

January 23, 1991.


Attorney(s) appearing for the Case

David F. Post, Farmerville, for plaintiffs-appellees.

Iverson & Amman by B.G. Iverson, Monroe, for defendant-appellant, Theda P. Birdsong.

Before MARVIN, C.J., FRED W. JONES, Jr., J., and PRICE, J. Pro Tem.


MARVIN, Chief Judge.

In consolidated actions to gain the CC Art. 689 right of passage for enclosed contiguous estates to a public road over land owned in indivision by two defendants, one defendant appeals a judgment granting the servitude, contending the trial court was clearly wrong in concluding that several proposed shorter access routes to a public road were not "feasible" and arguing that no "extraordinary circumstances" exist to make inapplicable the general...

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