Goodwin v. Alexander

Citations

• 105 La. 658

Syllabus

<p>Syllabus.</p> <p>1. Where the Court of Appeal and this court have held that an appeal in a particular ease, returnable to one court or the other, is not returnable to the Court of Appeal, the arguments, presented by the counsel for the appellant, to maintain the appeal which had been returned to the court first mentioned, will not be held to preclude him from appealing to this court after the dismissal of the appeal first taken, the delay for such second appeal not having expired.</p> <p>2. “The prohibition of building on an estate or of building above a particular height” is a continuous, non-apparent, servitude, “which can be established only by title,” and is not included in any servitude of light and view which can be acquired by prescription.</p>