Fortier v. Roane

Citations

• 104 La. 90

Syllabus

<p>Syllabus.</p> <p>The east and west lines of the east 1-2 of Sec. 8, T. 14, S. R. 8 E., are correctly located.</p> <p>The land in dispute as relates to eastern and western boundaries is within the limits of the area just described.</p> <p>Plaintiff’s dwelling and that of her son, not long after her purchase in 1808, were built about or near the points indicated by letters X and Y and at that locality she was entitled to an area of 80 58-100 acres by deed dated in 1858. Defendant’s deed to same area dates from 1874. In matter i'of location, and area, he who is prior in time is stronger in right.</p> <p>There is controversy about the north and south boundary of the land. On the south, viz: the Borre!, and Scott lines, it does not satisfactorily appear that there ever was a Borrel and Scott line, and if there was It never joined the land in controversy.</p> <p>It does not appear satisfactorily who originally owned the lands north of and adjoining the land in controversy. The court holds that as plaintiff’s vendor was the owner of eighty 58-100 acres near the dwellings m question, plaintiff is entitled to the area claimed, and that the defendant being a purchaser subsequent in date is not entitled to judgment ousting the plaintiff from lands in that locality.</p> <p>Rental is allowed from judicial demand on lands actually in controversy.</p>