Hausey v. Ronaldson

228 So. 2d 759, 1969 La. App. LEXIS 5962
CourtLouisiana Court of Appeal
DecidedNovember 17, 1969
DocketNo. 7772
StatusPublished
Cited by1 cases

This text of 228 So. 2d 759 (Hausey v. Ronaldson) 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
Hausey v. Ronaldson, 228 So. 2d 759, 1969 La. App. LEXIS 5962 (La. Ct. App. 1969).

Opinions

SARTAIN, Judge.

Plaintiffs filed this action under C.C.P. Article 1871 et seq. (Declaratory Judgment Act) seeking to be recognized as the owners of 29 acres of land situated in Section 14, Township 6 South, Range 1 East, Greens-burg Land District, Parish of East Baton Rouge, Louisiana. They first claim to be owners by record title and in the alternative assert their claim to ownership by ten and thirty year possession.

The defendants answered, denying plaintiffs’ claims and asserting that defendants be declared and recognized as the record owners of the property.

The trial court rendered judgment in favor of the plaintiffs and against the defendants decreeing the plaintiffs owned the property by virtue of record title. Even though the judge a quo’s decision was based on title rather than prescription, he expressed the opinion that the evidence presented relative to acts of possession by both parties was inconclusive.

Inasmuch as we agree with the decision of the trial court that plaintiffs should prevail by virtue of having set forth a better title,1 we do not deem it necessary to detail the testimony of the witnesses relative to the acts of possession urged by both parties.

Plaintiffs are the owners of a tract of land originally described as containing 75 acres more or less. Defendants are the owners of a tract of land originally described as containing 203 acres. Various sell offs occurred from both tracts but these transactions throw little if any light on the present controversy.

[761]*761The properties of plaintiffs and defendants are situated between a “V” made by the interception of Blackwater Bayou with the Comite River. The Comite River runs from a northeasterly to a southwesterly direction. The Blackwater Bayou runs from a northerly to southerly direction before emptying into the Comite River. Near the bottom of the “V” is located a tributary of Blackwater Bayou which runs from west to east from the main stream of the Comite River to a point on the Blackwater Bayou just north of where it empties into the Comite River. This tributary is referred to in the testimony as the “upper fork” of Blackwater Bayou. Thus, it is seen that the upper fork of Blackwater Bayou creates an “island” at the bottom of the “V”. The western boundary line of the Ronaldsons is the Comite River. The eastern boundary of the Hauseys’ property is generally marked by the main stream of Blackwater Bayou. The common boundary between the two tracts bisects the "V” from north to south. There is no dispute concerning this boundary north of the upper fork of Blackwater Bayou. However, if the common boundary line were extended south of the upper fork of Blackwater Bayou, it would also bisect the island. The property now in dispute is the western 29 acres of the island. It is not disputed by the Ronaldsons that the Hauseys own the eastern 18 acres of the island. The Ronaldsons state that the property in question was never, to their knowledge, referred to as an “island”. On the other hand, all of the Hauseys’ witnesses make repeated reference to the “island”.

The trial judge was correct when he described the land in question as “jungle-type, mucky, swampy” because that was its character prior to the dredging of the Comite River for drainage purposes.

It was not until the Department of Public Works of the City of Baton Rouge and the Parish of East Baton Rouge commenced the drainage improvement program of the Comite River that any dispute between the parties came to light. The parish authorities concluded that the property fronting on the east side of the Comite River along the 29 acres in question belonged to the Ronaldsons and the frontage of the 18 acres along the river belonged to the Hauseys. Accordingly, the Parish entered into a voluntary agreement with the Hauseys concerning the frontage along the 18 acres and entered an expropriation suit against the Ronaldsons for the necessary frontage along the 29 acres, plus other acreage of the Ronaldsons fronting on the Comite River.

Plaintiffs contend that they did not know the Ronaldsons were claiming ownership of the 29 acres until they inquired of the Parish by what authority it was proceeding to dredge the Comite River along the 29 acre tract. When informed that they had obtained it by expropriation from the Ronaldsons, the Hauseys instituted this suit.

The chains of title to the Hausey and Ronaldson tracts go back to a common ancestor, namely, J. E. Blouin, et al. In our opinion an examination of the deeds in the respective chains clearly supports the conclusion that plaintiffs have a better title to the property in question.

With respect to the Ronaldson property, the abstract of title shows that on February 20, 1904, Louis F. Deer acquired from Joseph E. Blouin, et al., the property described as follows:

“A certain tract of land situated in the Parish of East Baton Rouge on the east bank of the Comite River containing Two Hundred and Three (203) acres being part of Sections Fourteen (14) and eighty (80) in T-6-S-R-l-E-Greense-burg Land District; the land herein conveyed (bo-) bounded according to plat made by P. J. Skolfield, Surveyor, hereto annexed, north by the Hooper Road, east by lands of vendors, south by upper fork of Blackwater Creek and west by the Co-mite River; being part of the same acquired by vendors by inheritance and by purchase as per act of record in Book No. 28 page 410 Conveyance Records of this Parish.” (Emphasis ours.)

[762]*762The plat made by P. J. Skolfield, Surveyor, was not annexed to the deed nor could it be located by the parties to this litigation.

On January S, 1905, Louis F. Deer sold to Ronaldson and Puckett Company, Ltd. the same property which was then described as follows:

“Another tract or land adjoining the above containing two hundred and three acres, being part of Sections 14 and 80 in said Township and being bounded according to said plat North by Hooper Road, East by lands of Blouin et als., South by upper fork of the Blackwater creek and West by the Comite River; the property herein conveyed being the same acquired by present vendor from Blouin et als., by acts of record in Book 30 folio 611 and Book 31 folio 333 of the conveyances of this parish.” (Emphasis ours.)

The Hausey chain of title shows that on June 19, 1915, John Russell Hausey acquired from Mrs. Etta Blouin Jolly, et al. property described as follows:

“That certain tract of land situated in the tenth ward of the parish of East Baton Rouge, said State, and being a portion of the original tract designated on the Parish Map of East Baton Rouge as ‘J. D. Blouin, 862 acres’, lying on the East of the Comite River, said map being that made by Kaiser and Swensen, 1894, the said tract herein conveyed and sold being all that remains of sections Eighty (80) and Fourteen, Township Six, Range 1, East Greensburg Land District of Louisiana, comprising about seventy-five acres (75) more or less and being bounded on said parish map as follows, to-wit: North by the Hooper Road, South by the Comite River, East by W. T. Smith, J. A. Edwards, and R. W. Ware, and West by J. D. Blouin (on said map), now the property of Ronaldson & Puckett Co., Limited.” (Emphasis ours.)

Based principally on the above quoted legal descriptions, the trial judge concluded that Ronaldson and Puckett, Company, Ltd.

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Related

Hausey v. Ronaldson
230 So. 2d 588 (Supreme Court of Louisiana, 1970)

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Bluebook (online)
228 So. 2d 759, 1969 La. App. LEXIS 5962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hausey-v-ronaldson-lactapp-1969.