Board of Control of New Basin Canal & Shell Road v. H. Weston Lumber Co.

Citations

• 109 La. 925
• 33 So. 923
• 1902 La. LEXIS 167

Syllabus

<p>PUBLIC HIGHWAYS — ADVERSE POSSESSION-OBSTRUCTION — LIABILITIES.</p> <p>1. By the terms of Acts 1831, p. 38, No. 18, and Acts 1858, p. 50, No. 78, and of the grants and proceedings by which the property through which it passes was acquired, the shell road on the west side of the new canal is a public highway, the acquisition of which, or the use, save for certain purposes, by individuals or corporations, is prohibited by law. Hence no individual or corporation can acquire title thereto, or to any part thereof, by prescription or otherwise.</p> <p>2. The vendor of the original defendant herein had no title by purchase to any part of said road, acquired none by possession, and could convey none to said defendants, and both defendants are in the attitude of obstructing a public road in violation of law. They are not, however, liable, in a civil action, for rents, or for the value of its use and occupation.</p> <p>(Syllabus by the Court.)</p>