Home/Louisiana Court of Appeal/Gasquet v. Conway

Gasquet v. Conway

4 Teiss. 45, 1906 La. App. LEXIS 114
CourtLouisiana Court of Appeal
DecidedNovember 5, 1906
DocketNo. 3974
StatusPublished

This text of 4 Teiss. 45 (Gasquet v. Conway) 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
Gasquet v. Conway, 4 Teiss. 45, 1906 La. App. LEXIS 114 (La. Ct. App. 1906).

Opinion

MOORE, J.

This cause was transferred to us by the Supreme Court to which Court the appeal had been taken originally. The pleadings are fully stated in the opinion transferring the cause and, therefore, need not be repeated here.

Gasquet vs. Conway 116 La. decided Feb’y. 26th, 1896, and not yet reported. The matter in dispute as stated by that Court and shown by the record, involves'the ownership of a strip of land intervening the properties of the respective parties to this cause.

It appears that on the 10th June, 1885, Mrs. Louisa Genella acquired from Burges Bennett a piece of ground sit-. uated in the City of New Orleans at the corner of Upperline street and St. Charles Avenue, having a frontage on St. Charles Avenue of sixty-nine feet four inches. Subsequently the purchaser divided the property into two lots, building a dwelling on each, fronting St. Charles Avenue. Beginning in the rear the two lots were separated by a board fence which ran up to the rear corner of the house built furthest from the corner of Upperline street, and a panel fence from the front corner of the house to the front line on St Charles Avenue. Thus the back fence, the house and the front fence all together formed the line of separation to the two properties, a paved side walk running on the lower line from building to building. This condition has existed for more than ten years and exists to' this day. The following sketch offered in evidence shows the exact conditions and locations of building, fences and pavement.

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Bluebook (online)
4 Teiss. 45, 1906 La. App. LEXIS 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gasquet-v-conway-lactapp-1906.