LeBlanc v. Andrew

497 So. 2d 1056, 1986 La. App. LEXIS 8194
CourtLouisiana Court of Appeal
DecidedNovember 10, 1986
DocketNo. 84-967
StatusPublished
Cited by2 cases

This text of 497 So. 2d 1056 (LeBlanc v. Andrew) 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
LeBlanc v. Andrew, 497 So. 2d 1056, 1986 La. App. LEXIS 8194 (La. Ct. App. 1986).

Opinion

KING, Judge.

The issues presented by this appeal are whether or not the trial court erred in finding that the defendants failed to prove that they or their ancestors-in-title acquired the property in dispute by acquisitive prescription, and in making an award of $2,500.00 to the plaintiff’s expert surveyor, in excess of his expert witness fee, for work performed in connection with preparation for trial.

John A. LeBlanc brought a petitory action against the defendants to be declared the owner of a tract of land of which the defendants were in possession. The defendants filed an answer alleging that they were the owners of the property. This suit was consolidated for trial with another pet-itory action involving a contiguous tract of land, the ownership of which was claimed by Aaron Duhon, in possession of one of these defendants and other defendants.1 [1057]*1057These suits remain consolidated on appeal. As the facts and law in this appeal are relevant to the consolidated case on appeal they will be discussed herein and a separate judgment will be rendered in the consolidated case on appeal. See Duhon v. Andrew, 497 So.2d 1066 (La.App. 3 Cir.1986). After a trial on the merits, the trial court rendered judgment in favor of John A. LeBlanc, as prayed for, and partially in favor of Aaron LeBlanc. The defendants in both suits appeal. We affirm.

FACTS

On July 12, 1983, John A. LeBlanc (hereinafter referred to as LeBlanc) filed suit against defendants, Leonard Andrew, Adam Andrew, Jr., and Andris Sinegal, Jr. (hereinafter referred to as defendants), alleging that he was the owner of a tract of land (hereinafter sometimes referred to as Tract A) located in Lafayette Parish, Louisiana and described as follows:

“That certain tract of land located in Section 34 of Township 10 South, Range 3 East, of Lafayette Parish, Louisiana, having a northerly side of 552.15 feet, an easterly side of 50 feet, a southerly side of 532.63 feet, and a westerly side of 58 feet. Said parcel of land is bounded on the north by the property of Andris Sine-gal, Jr., et al, on the east by the property of Aaron Duhon, on the south by other property of John LeBlanc, and on the west by other property of John LeBlanc. Being a portion of the property acquired by John A. LeBlanc by cash deed dated March 26, 1982, recorded under Entry Number 82-010949 of the Conveyance Records of Lafayette Parish.” •

While admitting that the defendants were in possession of Tract A, LeBlanc sought to be recognized as the legal owner of Tract A and to have the defendants ordered to surrender possession of this property to him.

An answer was filed to LeBlanc’s suit on behalf of the defendants admitting possession and claiming to be the owners of Tract A sought by LeBlanc. The defendants in LeBlanc’s suit are brothers, except for An-dris Sinegal, Jr., who is a nephew of the other defendants.

On July 12, 1983, Aaron Duhon (hereinafter referred to as Duhon) filed suit against defendants, Leonard Andrew, Patricia Andrew (Gabriel), and Annabelle Andrew (Francis) (hereinafter referred to as defendants), alleging that he was the owner of a tract of land (hereinafter sometimes referred to as Tract B) located in Lafayette Parish and described as follows:

“That certain tract or parcel of land located in Section 34 of Township 10 South, Range 3 East, of Lafayette Parish, Louisiana, measuring approximately fifty (50) feet on the easterly and westerly side, and 779.93 feet on the northerly and southerly side. Said parcel of land is bounded on the north by the property of the defendants herein, on the east by the easterly half of the C. Bourque Road, on the south by other property of petitioner, and on the west by the property of John LeBlanc.
Being a portion of the property acquired by Aaron Duhon by cash deed dated April 13, 1982, recorded under Entry Number 82-01039 of the Conveyance Records of Lafayette Parish.”

In his petition, while admitting that the defendants were in possession of Tract B, Duhon sought recognition as the legal owner of Tract B and to have the defendants ordered to surrender possession of this property to him.

An answer was filed to Duhon’s suit on behalf of the defendants who admitted possession and claimed to be the owners of Tract B sought by Duhon. The defendants in Duhon’s suit are all related.

The trial began on April 17, 1984. During the trial, both sides presented a land surveyor, each of whom the court accepted as an expert witness, in addition to other witnesses. The testimony concluded on April 19,1984, at which time the trial judge took the case under advisement.

[1058]*1058The trial judge rendered written Reasons For Judgment on May 17, 1984, granting judgment in favor of LeBlanc as prayed for recognizing him as owner of all the property which he claimed. Judgment was also rendered recognizing Duhon as owner of part of the property which he claimed. In addition to the fixing of expert witness fees for the surveyors, the trial judge fixed and taxed the sum of $2,500.00 as court costs for the work done by the plaintiffs’ expert surveyor in preparation for trial.

Judgments were signed in each suit on June 6, 1984. From these judgments, all defendants suspensively appeal and argue that the trial judge erred in (1) failing to consider the testimony in support of their position that Clady Harmon, defendants’ ancestor-in-title, had a deed translative of title to Tract A and Tract B, the properties in dispute, and that they acquired title by ten (10) year and thirty (30) year acquisitive prescription, since plaintiffs’ ancestors-in-title never had possession of the properties in dispute; and (2) awarding a fee of $2,500.00 to the plaintiffs’ expert surveyor for work done in preparation of trial.

RECORD TITLE

To more fully understand the legal issues between the plaintiffs and the defendants it is necessary to briefly describe the record titles of the parties, from their common ancestor-in-title. The common ancestor-in-title of all parties was Fred Voorhies who acquired the property in dispute from Noah Harmon. Mr. Voorhies originally acquired and owned the property now claimed by the plaintiffs and defendants, except for a ten acre tract in the southeast corner, with the southern boundary of his property being the east-west quarter section line between the northwest quarter and the southwest quarter of Section 34, Township 10 South, Range 3 East, Lafayette Parish, Louisiana. On January 22, 1927, Fred Voorhies sold to the Hunter Canal Company the following described property located in Lafayette Parish, Louisiana, to-wit:

“One certain strip of land, situated in the Parish of Lafayette, Louisiana; measuring fifty (50) feet North and South by about 5 and 25/100 (5.25) arpents, east and west, in length; taken off of and along the South end of donor’s land located in the Southern portion of the Southeast Quarter of the Northwest Quarter (SE1/4 of NW1/4) of Section Thirty-four (34), Township Ten (10), South, Range Three (3), East, Louisiana Meridian; which strip of land herein conveyed is bounded North by the donor herein, South by Alexis LeBlanc and Polite Normand, East by Ed. Jones and West by the Harmon property.”

This sale to the Hunter Canal Company conveyed a strip of land fifty feet wide off of the south part of Fred Voorhies’ property.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McGee v. Miears
516 So. 2d 1241 (Louisiana Court of Appeal, 1987)
Duhon v. Andrew
497 So. 2d 1066 (Louisiana Court of Appeal, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
497 So. 2d 1056, 1986 La. App. LEXIS 8194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leblanc-v-andrew-lactapp-1986.