Home/Louisiana Court of Appeal/Hawthorne v. Succession of Hawthorne

Hawthorne v. Succession of Hawthorne

419 So. 2d 1295, 1982 La. App. LEXIS 7926
CourtLouisiana Court of Appeal
DecidedAugust 31, 1982
DocketNo. 82-133
StatusPublished
Cited by1 cases

This text of 419 So. 2d 1295 (Hawthorne v. Succession of Hawthorne) 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
Hawthorne v. Succession of Hawthorne, 419 So. 2d 1295, 1982 La. App. LEXIS 7926 (La. Ct. App. 1982).

Opinion

CULPEPPER, Judge.

This is a possessory action. The plaintiff is Estelle Weaver Hawthorne. The defendants are Succession of Nannie Salter Hawthorne and Harry E. Hawthorne, both individually and in his capacity as executor of the defendant succession. The defendants appeal from the trial court judgment recognizing the plaintiff’s right to possession of the property in question, and maintaining her on possession thereof.

The issue is whether plaintiff had the possession required to bring this possessory action. We conclude she did not.

[1297]*1297FACTS

This case involves eight distinct tracts of immovable property in Natchitoches Parish, described in plaintiff’s petition as follows:

1. N Vt of NW lk of SE Vt and N % of SW Vi of NW Vi of SE Vi of Section 35, Township 8 North, Range 8 West, Natchitoches Parish, Louisiana containing 25 acres, more or less, subject to mineral reservations dated June 13, 1973.
2. SE Vi of SW Vi of Section 33, Township 8 North, Range 8 West, containing 40 acres, more or less, subject to mineral reservations dated June 13, 1973, in Natchitoches Parish, Louisiana.
3. A tract of land of 4.5 acres, more or less, located in the Town of Provencal, Louisiana, bounded North and East by Hawthorne, West by Stephens, South by Wester, in Natchi-toches Parish, Louisiana.
4. Lots 5 and 6 of Block 11 of the Town of Provencal, Natchitoches Parish, Louisiana.
5. A tract of land of four (4) acres, more or less, bounded on the North by estate of M. P. Hawthorne, East by Walter Perst, on the South by Provencal Bayou and by Natchitoches-Leesville Highway and on the West by 0. Wester, in Natchitoches Parish, Louisiana.
6. Lots 1, 2, 3 and 4 of Block 11 of the Town of Provencal, in Natchitoches Parish, Louisiana.
7. Lots 1, 2 and 3 of Block 18 of the Town of Provencal in Natchitoches Parish, Louisiana, less and except a parcel of land 35 feet by 80 feet in depth between parallel lines taken from the SE corner of Lot 1, said parcel having a front of 35 feet on Main Street and a depth of 80 feet.
8.Lots 4 and 5 of Block 17 of the Town of Provencal in Natchitoches Parish, Louisiana.

Tracts numbered 1, 2, 3 and 5 above are hereinafter referred to as the “rural property,” and tracts numbered 4, 6, 7 and 8 as the “town property.”

Plaintiff alleges she and her ancestors in title had been in possession of the above described property for more than one year prior to two alleged disturbances in law committed by the defendants. The first was the filing by defendant, Harry E. Hawthorne, Sr., of a notice of lis pendens on May 26, 1981 in conjunction with a lawsuit styled “Harry Edward Hawthorne v. Harry Edward Hawthorne, Jr., et al” in the United States District Court for the Western District of Louisiana, and the failure to cancel the recorded notice of lis pendens after dismissal of the suit. The other disturbance on which plaintiff relies is the listing of interests in the disputed property in the detailed descriptive list of assets (styled “Inventory”) filed on April 2, 1981 in the Succession of Nannie Salter Hawthorne, No. 9539 on the docket of the Tenth Judicial District Court for Natchi-toches Parish.

Plaintiff alleges she acquired the above described property by an act of sale on or about April 5, 1980 from her two sons, Harry E. Hawthorne, Jr. and Hal Weaver Hawthorne. Although plaintiff personally did not take corporeal possession of the property prior to the alleged disturbances, she contends she can tack to her civil possession the civil and corporeal possessions of her ancestors in title to establish the possession required for this possessory action.

Plaintiff introduced into evidence the following outline of her chain of title to show her ancestors in title, whom she alleges had corporeal possession:

[1298]

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432 So. 2d 1170 (Louisiana Court of Appeal, 1983)

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Bluebook (online)
419 So. 2d 1295, 1982 La. App. LEXIS 7926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawthorne-v-succession-of-hawthorne-lactapp-1982.