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MAGEE v. WORLEY

Nos. 49,653-CA, 49,654-CA.

163 So.3d 23 (2015)

Joe D. MAGEE, et ux., Plaintiffs-Appellees v. Wyeth Hardey WORLEY, et al., Defendants-Appellants. Howard C. Talley, Shirley Kaye Kauffman, et. al., Plaintiffs-Appellees v. Wyeth Hardey Worley, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

March 4, 2015.

Attorney(s) appearing for the Case

Ayres, Warren, Shelton & Williams by J. Todd Benson , Lee H. Ayres , Shreeveport, for Appellants.

The Pesnell Law Firm, Shreveport, by Billy R. Pesnell , for Appellees, Joe Magee, et ux.

Cook, Yancey, King & Galloway, Shreveport, by Bernard Slattery Johnson , Stephen Richard Yancey, II , for Appellees, Jeffrey Talley, Executor of the Howard Charles Talley Estate, et al.

Before STEWART, MOORE and PITMAN, JJ.

The owners of a mineral servitude, the Worleys, appeal a judgment on the merits that found the servitude prescribed for nonuse and awarded ownership of the minerals to the surface owners, the Magees and the Talleys.1 Finding no manifest error, we affirm.

Factual Background

In 1958,...

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