Swain v. Weber

Citations

• 106 La. 161

Syllabus

<p>Syllabus.</p> <p>Servitude of drain is due the upper estate. It was located more than twenty years, in accordance with a written agreement.</p> <p>Proceedings res inter aUos acta, will not be lield to prejudice the rights of one not a party.</p> <p>A servitude of drain will not be considered abandoned unless it is manifest that its abandonment was intended by parties in interest.</p> <p>The time to ground prescription will not begin to run before it is made evident that from the time pleaded, the servitude was not exercised at all. Failure to sustain a drain properly, on the part of all concerned, is not considered as an abandonment of one’s rights if the right continues to be of soüie use, even though limited.</p> <p>Concerning plaintiff’s and appellee’s motion to amend the judgment, her right to damages is not made evident.</p> <p>With reference to the attorney’s fees, no attempt having been made to prove their value in the District Court, they are not considered on appeal.</p>