Bidstrup v. Brignac

631 So. 2d 637, 1994 WL 28780
CourtLouisiana Court of Appeal
DecidedFebruary 2, 1994
Docket93-537
StatusPublished
Cited by4 cases

This text of 631 So. 2d 637 (Bidstrup v. Brignac) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bidstrup v. Brignac, 631 So. 2d 637, 1994 WL 28780 (La. Ct. App. 1994).

Opinion

631 So.2d 637 (1994)

Herman BIDSTRUP, et al., Plaintiffs-Appellants,
v.
Sue Soileau BRIGNAC, Defendant-Appellee.

No. 93-537.

Court of Appeal of Louisiana, Third Circuit.

February 2, 1994.

*638 Patterson F. Willis Jr., Opelousas, for Herman Bidstrup et al.

Steven Gerald Durio, Lafayette, for Sue Soileau Brignac.

William Tracy Barstow, Opelousas, for third-party Dallas Leger.

Before LABORDE, THIBODEAUX and DECUIR, JJ.

THIBODEAUX, Judge.

This is a petitory action brought by petitioners to be declared the owners of certain property near the town of Washington in the parish of St. Landry. The trial judge awarded judgment in favor of the defendant, and petitioners have appealed.

Petitioners are the legal heirs of Herman Larson Bidstrup and Christina Hanson Bidstrup. They claim that Citizen's Bank of Louisiana foreclosed on the property known as Mt. Pleasant Plantation and acquired the property by sheriff's deed on April 11, 1890. The Bidstrup heirs further claim that following the purchase by the Bank at the sheriff's *639 sale, the Bank sold the property to Herman Larson Bidstrup, petitioner's ancestor in title, on November 19, 1890. On February 23, 1891, Herman Larson Bidstrup then granted, a "right of way" to Morgan's Louisiana-Texas Railroad & Steamship Company (Morgan's). The "right of way" was comprised of 15.93 acres described in detail below:

Beginning at Station "O" thence under right angle to left Fifty feet point; thence at Fifty feet parallel with centre line to point Fifty feet distant from Station 20 + 15, thence at Ten feet to point Sixty feet distant from Station 20 + 15 thence at Sixty Feet distant from Station "Twenty three"; thence at Fifty five feet point one hundred and fifteen feet distant from Station "Twenty three"; thence at One hundred and fifteen feet distance from and parallel with centreline to intersection with North line of Carriere Street, thence Westerly with said street line of Carriere Street to a point on said street line distant Three hundred and thirty seven & ½ feet from intersection of said street line with a centreline measuring along said street line, thence North Eastwardly and parallel with Church Street at Seven hundred and twelve 8/100 feet to intersection with North line of Sittee Street, thence South Eastwardly with said Sittee Street line to a point Forty feet distant from and measuring under right angles to said centreline, Thence at Forty feet distance from and parallel to centreline to intersection with centreline of Water Street, thence Northwestwardly along said centreline of Water Street to intersection with east line of Church Street, thence along said east line of Church Street and extension thereof to center of Bayou Courtebleau, thence Eastwardly under right angles to across centreline of mainline to a point fifty feet distant from Station 45 + 45, thence parallel with and at Fifty feet distant from centreline to a point Fifty feet distant from Station 35 + 44, thence at twenty-five feet to a point seventy five feet distant from station 35 + 44, thence parallel with and seventy five feet distant from centreline to a point Seventy five feet distant from Station "Twenty three", Thence at twenty five feet to a point Fifty feet distant from Station "Twenty three", thence parallel with and a fifty feet distance from centreline to a point fifty feet distant from Station "0", thence at Fifty feet to Section "0" the place of beginning the herein described tract containing in the aggregate Fifteen 93/100 acres more or less.

and an additional 1.46 acres described as:

The following described tract of land for railroad purposes as Right-of-Way for Spur track from Bidstrup's Saw Mill to point on main line siding opposite Station 34 plus 10 of mainline, said tract or strip of land being situated on each side of located center line of above mentioned spur tract and being in width as follows: From Station One to Station 13, width Thirty feet; that is, Fifteen feet on each side of centre line, from Station Thirteen to Station 15 + 50 width Forty feet that is, Fifteen feet on left and Twenty five feet on right side of located center line from Station 15 + 50 to Station Seventeen width Thirty feet, that is, fifteen feet on each side of center line, from Station "Seventeen" a strip of Fifty feet; that is Twenty five feet on each side of center line to where said strip meets the body lines of right of way main line of M.L. & T.R.R.

and was deeded to Morgan's for consideration of a "right of way," depot, station house and spur track.

The central issue involved is the interpretation of the February 1891 compromise transaction instrument entered into by Bidstrup and Morgan's. The trial judge had to determine whether that document conveyed merely a "right of way," or whether it was a sale of the property in full ownership (fee title), or both. If only a servitude was conveyed, the Bidstrup heirs are entitled to the property. If a fee title passed, the judgment for the Brignac defendant must be affirmed.

We affirm the trial court judgment that the 1891 transaction between Bidstrup and Morgan's transferred an ownership interest (fee title) in 15.93 acres and a servitude or "right of way" grant to 1.46 acres.

*640 Property's Historical Background

On December 16, 1869, Elbert Gantt purchased from the Offut Brothers Estate a piece of property called Mt. Pleasant Plantation located between Bayou Carron and Bayou Courtableau in the town of Washington, St. Landry Parish. The strip of land involved in the present dispute was a part of this plantation property. Before the Gantt deed, on March 11, 1836, the Offut Brothers and Nicholas Miramond mortgaged the entire plantation property in favor of the Bank. The plantation property was subsequently bought by Gantt who assumed the 1836 mortgage and undertook the obligation of providing a stock note to the Bank which was identified with an Act of Mortgage of William and Nathaniel Offut dated March 5, 1836.

Following his purchase of the property, Gantt, on June 9, 1881, entered into an agreement with Morgan's transferring part of the plantation property, which agreement was entered into subject to the mortgage in favor of the Bank. In 1890, the Bank foreclosed upon the 1836 mortgage. As stated above, following the purchase by the Bank at a sheriff's sale, the property was sold to Bidstrup on November 19, 1890. On February 23, 1891, Bidstrup entered into an agreement with Morgan's, transferring the same portion of the plantation property which Gantt, in the 1881 instrument, had transferred to the company which was then subject to the mortgage in favor of the Bank. After the death of Bidstrup, his widow, Christina Hanson Bidstrup, sold the remainder of the plantation property, to J. Franklin Schell on January 2, 1913. That property was sold for $33,300.00. Thereafter, Christina Hanson Bidstrup, upon seizure of the property by the sheriff executing a writ of seizure, re-acquired the property on October 31, 1914. On November 18, 1914, Christina Hanson Bidstrup again conveyed the same property to the Schells. Mrs. Schell, upon the death of her husband and pursuant to a court order to sell, sold the property back to Christina Hanson Bidstrup on December 14, 1935. Christina Hanson Bidstrup again sold the same property back to the widow Schell on December 17, 1935.

Prior to the 1935 transactions, the Schells, on October 10, 1930, conveyed to Morgan's certain portions of the plantation.

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Cite This Page — Counsel Stack

Bluebook (online)
631 So. 2d 637, 1994 WL 28780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bidstrup-v-brignac-lactapp-1994.