Lamson Petroleum Corporation v. Hallwood Petroleum Inc.

823 So. 2d 431, 2002 La.App. 3 Cir. 138, 2002 La. App. LEXIS 2368
CourtLouisiana Court of Appeal
DecidedJuly 10, 2002
Docket02-138
StatusPublished
Cited by3 cases

This text of 823 So. 2d 431 (Lamson Petroleum Corporation v. Hallwood Petroleum 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
Lamson Petroleum Corporation v. Hallwood Petroleum Inc., 823 So. 2d 431, 2002 La.App. 3 Cir. 138, 2002 La. App. LEXIS 2368 (La. Ct. App. 2002).

Opinion

823 So.2d 431 (2002)

LAMSON PETROLEUM CORPORATION
v.
HALLWOOD PETROLEUM INC., et al.

No. 02-138.

Court of Appeal of Louisiana, Third Circuit.

July 10, 2002.
Rehearing Denied August 21, 2002.

*432 Mark H. Tompkins, Lafayette, LA, for Defendants-Appellants, Union Oil Company of California, Petrocorp Inc., Triton Oil & Gas Corp., James H. Echezabal, J.H. Echezabal, Inc., Doug Ashy and Ena Claire Ashy.

Ewell E. Eagan, Jr., Gordon, Arata, McCollam, Duplantis & Eagan, New Orleans, LA, for Defendant-Appellant, Union Oil Company of California.

Jefferson J. Moss, Jr., Lafayette, LA, for Defendants-Appellants, Doug Ashy and Ena Claire Ashy.

Richard F. Price, Jr., Metairie, LA, for Defendants-Appellants, James H. Echezabal and J.H. Echezabal, Inc.

Robin D. McGuire, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., Lafayette, LA, for Plaintiff-Appellee and Cross-Appellant, Lamson Petroleum Corporation.

Carl D. Rosenblum, Covert J. Geary, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., New Orleans, LA, for Plaintiff-Appellee and Cross-Appellant, Lamson Petroleum Corporation.

Arthur D. Mouton, Lafayette, LA, for Plaintiff-Appellee and Cross-Appellant, Lamson Petroleum Corporation.

Court composed of SYLVIA R. COOKS, JIMMIE C. PETERS and GLENN B. GREMILLION, Judges.

COOKS, Judge.

This case is one of a number of identically titled cases arising from ownership disputes relating to certain roadbeds in the Scott Field area of Lafayette Parish. This court previously handled numerous appeals regarding the trial court's judgments in these proceedings.[1] The basic disputes *433 in these cases center around Lamson Petroleum's acquisition in the mid-1990's of oil, gas and mineral leases located in the Scott Field area of Lafayette Parish, Louisiana. After acquiring oil, gas and mineral leases, Hallwood Petroleum began searching for oil in the Scott field in 1989, and was successful in many instances. Lamson researched the public records and found certain roadbeds in the area covered by Hallwood's leases may not have been owned by Hallwood's lessors. Lamson then secured leases from the people they believed to be the owners of the roadbeds. Lamson filed petitory actions against all those persons who Hallwood claimed owned and/or received the oil, gas and mineral royalties from the Scott Field production; and asserted its claim of ownership and/or the right to share in the proceeds of the production.

This particular case focuses on two transfers of land by Sophie Crow to her daughter (Henrietta Erwin) and son-in-law (William D. Beraud) in 1883. Both tracts of land forming the subjects of the transfers were described in the conveyance records as "bounded North by public road." Lamson contended by reciting the public road as the north boundary, Sophie Crow severed the strip from the property she conveyed and retained its ownership. The question before the trial court was whether the two conveyances extended to the northern limits of Sophie Crow's property, i.e., the section line, or whether it stopped at the south right-of-way line of the public road? If the conveyances were to the section line, Sophie Crow retained no part of the roadbed and Lamson's claim fails. If the conveyances stopped at the road right-of-way, Sophie Crow retained whatever ownership she had in the roadbed strip and it succeeded to her heirs.

The trial court, relying on the supreme court's opinion in State, Through Department of Highways v. Tucker, 247 La. 188, 170 So.2d 371 (1964), found the limits of the tracts stopped at the south right-of-way line of the public road; and, as a consequence, Sophie Crow retained ownership of the portion of the road located south of the section line. The trial court also found Lamson was entitled to legal interest on the amounts due it and its lessors for past production, dating from the time each amount was received by defendants.

The Hallwood defendants appealed the trial court's judgment, asserting the trial court erred in finding Sophie Crow retained the roadbed strip in the conveyances and in awarding interest from the date it received production proceeds rather than from the date of judgment. Lamson appealed the portion of the trial court's judgment finding defendants-appellants were good faith possessors after the filing of the lawsuit; and urges we reverse the award of expenses for production incurred after the filing of suit.

ANALYSIS

I. Interpretation of the Conveyances.

In its first assignment of error, defendants-appellants contend the trial court erred in applying Tucker, 170 So.2d 371 to the facts presented. They argue the trial court ignored the "true intent of the parties." Specifically, they argue there "is no discernable explanation or reason as to why Sophie T. Crow would have wanted to transfer the 70 and 74 arpent tracts less and excepting and retaining in herself ownership of a narrow strip of then worthless (though now valuable) land lying beneath the adjacent roadbed." The trial *434 court specifically addressed this argument, concluding as follows:

In the present case, the court finds no contradiction or inconsistency in the description in the instrument. The strongest argument supporting defendants' claim that the section line should be recognized as the North boundary of the two tracts is that it is illogical to think that Sophie Crow intended to retain a narrow strip under the road right of way, particularly in conveyances to her daughter and son-in-law. This issue has been discussed in several of the other cases in this series. In those cases the court agreed with defendants that the documents did not indicate an intention to exclude narrow roadway strips from the partition, or the will, or the sale, as the case may be. While acknowledging the validity of defendants' argument, the court found that the parties very probably did not know that the transferor owned a part of the road. It was the ruling of the court in those cases, as it is in the present case, that the court will not change a clearly-stated boundary description in order to reflect what the description might have been had the transferors known that the road was a servitude only and that they owned the fee title.

Contrary to appellants' argument, we find the trial court correctly determined the intent of the parties from the written words of the conveyances and rejected appellants' speculation as to what might have been in the minds of the parties. "The trial court's findings on the factual issue of intent are governed by the manifest error standard of review on appeal." Lamson, 763 So.2d 40, 45, quoting Noel v. Discus Oil Corp., 30,561, p. 17 (La.App. 2 Cir. 5/13/98), 714 So.2d 105, 114. The trial court correctly applied the law, as set out in its reasons for judgment:

Many factors enter into a discussion of a boundary recited to be a public road in a property description. It is appropriate to begin by noting the principal criteria to be considered in a judicial determination of boundary locations. Although the principles set forth in the following language may have had earlier origins, the 1920 Louisiana Supreme Court case of Meyer v. Comegys [147 La. 851, 857, 86 So. 307, 309 (1920)] is the most-often cited: "* * * the legal guides for determining a question of boundary, or the location of a land line, in the order of their importance and value are: (1) Natural monuments; (2) artificial monuments; (3) distances; (4) courses; and (5) quantity.

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Related

Hackett v. Murphy Exploration & Production Co.-USA
158 So. 3d 222 (Louisiana Court of Appeal, 2015)
Lamson Petroleum Corp. v. Hallwood Petroleum, Inc.
890 So. 2d 684 (Louisiana Court of Appeal, 2004)

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Bluebook (online)
823 So. 2d 431, 2002 La.App. 3 Cir. 138, 2002 La. App. LEXIS 2368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamson-petroleum-corporation-v-hallwood-petroleum-inc-lactapp-2002.