Harry Bourg Corp. v. Parfait

199 So. 2d 405, 1967 La. App. LEXIS 5450
CourtLouisiana Court of Appeal
DecidedMay 29, 1967
DocketNo. 7053
StatusPublished
Cited by5 cases

This text of 199 So. 2d 405 (Harry Bourg Corp. v. Parfait) 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
Harry Bourg Corp. v. Parfait, 199 So. 2d 405, 1967 La. App. LEXIS 5450 (La. Ct. App. 1967).

Opinion

LOTTINGER, Judge.

Plaintiff-Appellee, Harry Bourg Corporation, instituted this petitory action on May 6, 1964, against Howard Parfait, Barrios Matherne and Eloi Parfait, claiming title to certain lands situated in the Parish of Terrebonne in Section 87, T 19 S, R 17 E, and more particularly described as follows, to-wit:

1st. Section five of Township Twenty South, Range 17 East, Southeastern Land District of Louisiana, located West of the Mississippi River, situated in Terrebonne Parish, Louisiana; Less [406]*406and excepting therefrom the following, to-wit:
(a) That portion of said Section 5, T 20 S, R 17 E, which lies within the Louis Cossier Grant.
(b) That portion of said Section 5, T 20 S, R 17 E, which is already owned by the vendee, Harry Bourg.
2nd. All that portion of the LOUIS COSSIER GRANT, situated in the Parish of Terrebonne, Louisiana, T 19 S, R 17 E, and in T 20 S, R 17 E, that lies on the West or right descending bank of the Bayou Grand Caillou, being about eighteen miles below the City of Houma, and measuring a front of forty (40) arpents, more or less, on said right descending bank of said Bayou by depth of forty (40) arpents, more or less, bounded above by the John Charles Theriot Grant, and bounded below by Lots 2 and 3 of Section four (4) and Lots 3, 4, 5 and 6 of Section five (5), T 20 S, R 17 E. (Said property being a portion of the old Live Oak Plantation of John A. Quitman, See C. B. “G,” Folio 116, and 494; Also C. B. “H”, Folio 79).
Less and except therefrom the following described parcels of land, to-wit:
(a) Six arpents front on said Bayou by depth of survey, situated at the extreme lower or Southern end of said property; Being Lot No. 1 on a plan of survey made by T. S. Easton, Surveyor; Sold to Celestine Dubois by John Barkley on March 9, 1895, by an act before Aubin Bourg, Clerk, of record in C. B. “PP”, Folio 216.
(b) Two arpents front on said Bayou by depth of twenty arpents, lying just above the Celestine Dubois Tract, sold to Franklin Luke by said John Barkley on March 9, 1895, by an act before Aubin Bourg, Clerk, recorded in C. B. “PP”, Folio 214; Being Lot 2 on said plan.
(c) One arpent front on said Bayou by depth of twenty arpents, lying just below the Luke Boudreaux tract next described, sold to Eugene Colin, Jr., by John Barkley on April 2, 1895, by act before Aubin Bourg, Clerk, of record in C. B. “PP”, Folio 271, being Lot 11.
(d) Two arpents and seventy-one feet front on said Bayou by depth of twenty arpents, lying just above the tract of Eugene Colin, Jr.; sold to Luke Bou-dreaux by James W. Martin, on March 23, 1901, by act before H. M. Bourg, Deputy Clerk, recorded in C. B. “W”, Folio 47; being Lots 12, 13 and a portion of Lot 14 on the aforesaid plan by T. S. Easton.
(e) One and one-half (1(4) acres front on said Bayou by depth of ten arpents, lying just above the Luke Boudreaux Tract, sold to James Carlos by James W. Martin and James M. Breaux on April 21, 1900, by a private act acknowledged before Joseph A. Waguespack, Justice of the Peace, 4th Ward, Terrebonne Parish, of record in C. B. “TT”, Folio 658; being a portion of Lot 14 and Lot 15.
(f) One 'arpent front on said Bayou by depth of twenty arpents, lying just above the James Carlos tract; sold by John Barkley to Connely Luke on April 2, 1895, by act before Aubin Bourg, Clerk, recorded in C. B. “PP”, Folio 269; being Lot 16 on said plan.
(g) Two arpents front on said Bayou by depth of twenty (20) arpents, lying just above the Connely Luke tract; sold to James B. Cenac by J. W. Martin and Albert Montegut on May 3, 1902, by an act recorded in C. B. “XX”, Folio 54, being Lots 17 and 18 on said plan.
(h) Four arpents front on said Bayou by twenty arpents deep lying just above the Jean B. Cenac Tract, sold by J. W. Martin to Franklin Fanguy on January 17, 1903, by an act before [407]*407C. A. Celestin, recorded in C. B. “XX”, ' Folio 468; being Lots 19, 20, 21 and 22 on said plan, by T. S. Easton.
(i) Two arpents front by depth of twenty arpents, lying just above the Franklin Fanguy tract, sold by James W. Fanguy to Pierre Serán Malbrough on January 17, 1903, by an act before C. A. Celestin, Clerk, recorded in C. B. “XX”, Folio 463; being Lots 23 and 24 on said plan.
(j) A certain tract of land situated on the right descending bank of the Bayou Grand Caillou within the said Louis Cossier Grant and at the extreme Northern or upper end thereof; having a depth of ten arpents, between parallel lines, from said Bayou, and having a frontage along said Bayou as follows: Begin on the right descending bank of said Bayou at the point where it intersects the Northern boundary line of the said Louis Cossier Grant, thence proceed in a Southerly direction along said right descending bank of said Bayou to a point located two arpents above or North of the upper boundary line of the property belonging to Jean B. Parfait, now or formerly.

Plaintiff alleges that it has been in possession of all of the said property except for a small portion which is in the possession of the defendants, who assert no title or right of possession, but refused to deliver possession to plaintiff. In its petition, plaintiff prays to be recognized as the owner of the property and entitled to the full and undisturbed possession thereof, and further, that the defendants be ordered to deliver possession of the property to plaintiff.

In defendant’s answer, Howard Parfait alleges that he has occupied the property in his possession continuously and without interruption, and with fences completely encircling the same since February, 1932. He further alleges that the property “measures two arpents fronting on both sides of the Bayou Grand Caillou and on the other side of said Highway by depth of eight arpents”. That in addition to his residence on the property, Howard Parfait further alleges that he has planted gardens, raised chickens, hogs, and cattle, built and maintained fences around the premises, and rented portions thereof to Barrios Matherne and Eloi Parfait. It is lastly alleged that the defendant, Howard Parfait, “has acquired the property hereinabove mentioned in its entirety by virtue of prescription acquieda causa, and by virtue of articles 3499 et sequence of the Louisiana Revised Civil Code.”

The Trial Judge concluded, and we are in complete agreement, that there is no question as to plaintiff having a title of record. The only issue then, as concluded by the Trial Judge, is whether Howard Parfait has possessed sufficiently for thirty years the particular area which he claims.

We have made a thorough study of the record in this case, and are in agreement with the summation of fact as presented by the Trial Judge in his written reasons, which summation of facts we adopt and quote.

“The testimony of Howard Parfait is that he moved to the property on February IS, 1932, in a house boat (TR-A-2); and that he put the boat on shore ‘2 years or 3 years after’ (TR-A-2) ; and that he built fences ‘about 2 years or 3 years after. About 2 years after he was there’, he built fences.

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Bluebook (online)
199 So. 2d 405, 1967 La. App. LEXIS 5450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harry-bourg-corp-v-parfait-lactapp-1967.