ALLEN v. COTTEN

No. 11-1354.

93 So.3d 681 (2012)

Nan L. ALLEN v. Leon B. COTTEN, et al.

Court of Appeal of Louisiana, Third Circuit.

May 2, 2012.


Attorney(s) appearing for the Case

Donald Wilson , Richard Joseph Wilson , Wilson & Wilson, Jena, LA, for Defendants/Appellees, Leon B. Cotton, et al.

Eugene Allen , Columbia, LA, for Plaintiff/Appellant, Nan L. Allen.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and ELIZABETH A. PICKETT, Judges.


THIBODEAUX, Chief Judge.

Plaintiff, Nan Allen, owns twenty acres in Caldwell Parish. She filed suit, seeking a right of passage across the Defendants' property (the "Cotten property") located to the south, in LaSalle Parish. The trial court held that, prior to her ownership, Ms. Allen's property became enclosed through a "voluntary alienation or partition," as defined by La.Civ.Code art. 694. Accordingly, she was entitled to request gratuitous passage across the property...

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