Bright v. New Orleans Rys. Co.

Citations

• 114 La. 679
• 38 So. 494
• 1905 La. LEXIS 523

Syllabus

<p>ADVERSE POSSESSION — STATE LANDS — TRESPASS —HEDGE—BOUNDARY.</p> <p>1. Adverse possession cannot be acquired of property actually owned by, and virtually in possession of, the state.</p> <p>2. The vagaries of hedge vines may be checked by cutting off that part which extends onto property of the state, of which the abutting owner had not acquired possession, for the state had leased within six months of the date of plaintiff’s suit.</p> <p>3. The weight of the testimony, as between ¡the official plan in possession of the board’ of control — the state’s representative and defendant’s lessor — and the plan under which plaintiff claims his eastern line, sustains the former.</p> <p>4. At best, a spreading hedge, not trimmed every year, is a poor monument of a boundary line.</p> <p>5. There was no trespass for which plaintiff can recover damages.</p> <p>(Syllabus by the Court.)</p>