KING v. STROHE

No. 95-656.

673 So.2d 1329 (1996)

Adeline Strohe KING et al., Plaintiffs-Appellants, v. Richard W. STROHE et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

May 8, 1996.


Attorney(s) appearing for the Case

William Howard Collier, Reginald J. Ringuet, Lafayette, for Adeline Strohe King et al.

Gregg Lindsey Spyridon, Metairie, for Richard W. Strohe et al.

Howell Arlistus Dennis, Jr., Baton Rouge, for Whitson Group.

John A. Gordon, New Orleans, for Denovo Group.

Before KNOLL, COOKS and SAUNDERS, JJ.


KNOLL, Judge.

There are three issues presented for appeal in this complex mineral dispute. The first issue is whether the trial court erred in finding that the parties to an exchange of real property executed in 1965 intended to reserve a servitude of use of irrigation canals then existing on the property. The second issue concerns the applicability of La.R.S. 30:10(A)(3) to the facts of this case. The third issue is whether a mineral lessee, having waived its warranty...

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