Hargis v. Verenco, Inc.

482 So. 2d 1045, 1986 La. App. LEXIS 6030
CourtLouisiana Court of Appeal
DecidedFebruary 5, 1986
DocketNo. 84-1061
StatusPublished
Cited by2 cases

This text of 482 So. 2d 1045 (Hargis v. Verenco, Inc.) 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
Hargis v. Verenco, Inc., 482 So. 2d 1045, 1986 La. App. LEXIS 6030 (La. Ct. App. 1986).

Opinion

YELVERTON, Judge.

This is a boundary action. Plaintiffs, Dr. and Mrs. Gifford Hargis, filed suit seeking to have the common boundary between their property and that of the defendants judicially established. The plaintiffs prayed that a survey be ordered to fix the boundary. The defendants, who are four co-owners, answered claiming ownership of the disputed area by acquisitive prescription of 10 and 30 years. Defendants denied that the appointment of a surveyor was necessary. After a trial on the merits the trial court found that acquisitive prescription was not applicable since the defendants had failed to prove the required possession. The court found that the boundary was established as shown on a survey done by Stephen Gremillion in 1982. The defendants appealed. We affirm.

We shall refer in this opinion to the plaintiffs, husband and wife, collectively as Hargis, or sometimes plaintiff. The defendants-appellants are Verenco Company, Inc., Arbor, Inc., Ellis Investments, Inc., and Norman K. Martin. We shall refer to them collectively as Martin, or sometimes defendant.

THE BOUNDARY DISPUTE

Hargis, alleging that there was a dispute as to the location of his northeast and Martin’s southwest boundary, filed this suit in October 1982 to fix the boundary. Plaintiff alleged that the boundary should be fixed in accordance with an August 1982 survey prepared by Stephen Gremillion. Petitioner also asked that a surveyor be appointed by the court to determine the boundary. Defendant, in its answer, agreed that the boundary had never been fixed by agreement, but alleged that it had been fixed by its possession sufficient to establish acquisitive prescription of 10 and 30 years. The defendant further denied that it was necessary for the court to appoint' a surveyor, denied the accuracy of the Gremillion survey, and pleaded the correctness of a survey prepared by E.B. Mes-sick in 1942, averring that its possession of the property for acquisitive prescription purposes was to the extent of land shown by that survey. There are about 40 acres in the strip disputed.

The property is located in St. Landry Parish, in sections 28 and 29 of Township 3 South, Range 4 East. The compass orientation of the respective tracts is within a few degrees of running northeast and southwest, and the boundary runs roughly northwest and southeast. The quantity called for in defendant’s title is 383 acres in the southwest, while the quantity called for in defendant’s title is 500 acres in the northeast. That 500 acres long ago lost its separate identity, when in 1907 it became merged with a much larger tract owned by the Beall Estate. The deeds in the chain of title of these properties are sometimes hard to follow, especially the sale of the 500 acre tract in 1907, because of the peculiar compass orientation of the land. For example, the 1907 instrument dealing with the 500 acres designates as the north side what a continuation of the line of that side on the adjoining 383 tract is designated as the northwest side.

The line separating section 29 on the west and section 28 on the east runs north and south, of course, and the section line crosses the boundary line somewhere in the northwest portion of the disputed area.

The chains of title' go back to 1907 to a common owner, Havard, who owned a 900 acre tract. In that year, Havard sold 500 acres to Beall, by means of a description [1047]*1047which, as synopsized by the trial judge, goes like this: 500 acres of swampland bounded north by Mary Walker, south by Beall (purchaser), east by (a blank space), and west by Havard (seller).

What in that description was called the west boundary (but is more accurately the southwestern boundary), is the boundary in dispute.

When purchased in 1907 that 500 acres was already bounded on the northeast by property belonging to the purchaser, the Beall Estate, which also owned contiguous property fanning out to the northwest and down to the southeast. The Martin interests entered the chain of title in 1942 with an option to purchase some 2,000 acres from the Beall Estate. A sketch attached to that option, at its boundary with what three years later became Hargis’ land, included all of lot 5 and about one-half of lot 6 of section 29, and all of lot 10 of section 28 and the major part of lot 11 of that section. In the instrument of sale a few days later the description of the 2,000 acres (which contains no separate identification of the 1907 sell off of the 500 acres) listed the “fractional part of lot 5 of section 29”, as well as “all of fractional section 28, with the exception of about 60 acres in the southwest corner thereof belonging to now or formerly the heirs of Mrs. A.D. Ha-vard.” No part of lot 6 of section 28 was included in that sale instrument. Thus, as between the sketch attached to the option and the language of the description in the deed, there were some rather glaring differences. These discrepancies occur right along the line where the boundary is.

Hargis, the plaintiff, acquired his title in 1945 from the heirs of the common owner, Havard, by means of a sale describing 383 acres, more or less, bounded northeast and southeast by the Beall Estate or assigns, southwest by Bayou Bouef, and northwest by a public dirt road, and being the remainder of about 900 acres from which 500 was conveyed off the “east side” by Havard to Beall in 1907. The disputed boundary in this description is where the property is bounded northeast by the Beall Estate or its assigns.

As stated earlier, each disputant in this case relies upon its own survey, the plaintiff on a survey to establish this precise boundary done by Gremillion in 1982, and the defendant on the E.B. Messick survey in 1942 of the approximate 2,000 acres purchased by it that year. While the Messick survey delineates most of the perimeter of this 2,000 acres with azimuths and distances, and shades all of the land in yellow, the boundary line on the property involved in this case, while shaded, contains no directions, courses, distances, or other pertinent measurements by means of which it would be possible to transfer that line onto the ground.

There are about 40 acres involved in the disputed area, all of which is in woods. Before 1951 Hargis cleared about 340 acres of his land. Along about this time he complained to Martin that he had noticed that Martin had painted some trees along the edge of the cleared property, which took in over 40 acres of his land. Before this time he had sold timber out of that acreage and raised cattle there. In later years Hargis talked to Martin’s people on several occasions to try to get an agreement on a common boundary, by agreeing on a survey, but these efforts were unsuccessful. Hargis once put a fence out in the woods in the disputed area, but neither he nor Martin thought of the fence as designating a boundary. Hargis explained that he put it there, not to designate a boundary, but merely to keep his cattle enclosed and to allow them a place to get cool in the summertime on occasions when they were permitted to graze on the rest of his property. There were paint marks on trees, hack marks on trees, oil and gas leases, cuttings of timber, and other acts done by both parties down through the years, all of which the trial judge considered, along with extensive testimony, with regard to the acquisitive prescription claims of Martin.

WHAT THE TRIAL COURT DID

The trial court gave detailed written reasons for rejecting these claims of acquisi[1048]*1048tive prescription, from which we quote the following language:

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Related

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520 So. 2d 868 (Louisiana Court of Appeal, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
482 So. 2d 1045, 1986 La. App. LEXIS 6030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hargis-v-verenco-inc-lactapp-1986.