Lewis v. Saucer

653 So. 2d 1254, 1995 WL 146119
CourtLouisiana Court of Appeal
DecidedApril 5, 1995
Docket26685-CA
StatusPublished
Cited by8 cases

This text of 653 So. 2d 1254 (Lewis v. Saucer) 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
Lewis v. Saucer, 653 So. 2d 1254, 1995 WL 146119 (La. Ct. App. 1995).

Opinion

653 So.2d 1254 (1995)

Jack Edward LEWIS, Sr., Plaintiff-Appellee
v.
Roy SAUCER, d/b/a Roy's Pawn Shop, Defendant-Appellant.

No. 26685-CA.

Court of Appeal of Louisiana, Second Circuit.

April 5, 1995.

*1255 Arbour & Aycock by Larry Arbour, West Monroe, for appellant.

Arnold, Pettway, Dixon & Collier by Joe H. Dixon, Jr., Monroe, for appellee.

Before NORRIS and BROWN, JJ., and PRICE, J. Pro Tem.

NORRIS, Judge.

The plaintiff, Jack Edward Lewis Sr., sued an adjacent landowner, Roy Saucer, for injunctive relief and damages, regarding the ownership of a parking lot situated between their respective buildings. A temporary restraining order issued, prohibiting Saucer *1256 from building on the disputed property; this later lapsed. After a bench trial, the district court rendered judgment declaring Lewis the owner of the parking lot and ordered Saucer to remove all improvements on it. Saucer now appeals, urging the district court erred in reforming his property description without regard to the public records doctrine. For the reasons expressed, we reverse and render.

Factual background

Lewis and Saucer currently own Lots 2 and 3, Square 1, Resubdivision of Parnell and Hodge in West Monroe, located at the corner of Cypress and Morris Streets. Prior to 1980, the entire tract was owned by Horace Eyre.[1] He had built two adjacent buildings, which roughly form a square "U"; the parking lot in question is situated between the two buildings and faces only Morris Street. Mr. Eyre used the rear building, which also faces Morris Street, as an automotive machine shop called Eyre Motor Service. Since 1967, he had leased the front building, facing Cypress Street, to Richard Campbell, who ran a paint and art supply shop. Included in the lease was the paint shop and a warehouse, whose bay door opens onto the parking lot. This lease includes the parking lot.[2] The attached map represents the general layout; the parking lot at issue is marked by diagonal lines.

*1257 According to Mr. Eyre's son, Steven, and to Lewis, both businesses used the parking lot in question. The machine shop often parked disabled cars there while their engines were under repair. Campbell regularly used it to accept deliveries from large trucks to his warehouse; he also had a portable building on part of the lot next to his shop.

In 1980, after some negotiations, Mr. Eyre decided to sell Campbell the portion of the property he had rented for so many years. He hired a surveyor, L.S. Pritchard, in effect to subdivide the land. Pritchard, however, testified that he made an error in his survey. The error is reproduced in the description in the cash deed from Eyre (Engine Specialties Inc.) to Campbell. It reads as follows:

A certain lot or parcel of land containing 7243.5 sq. ft., more or less, situated in a portion of Lot 2 and 3, Block 1, Parnell and Hodge 1st and 2nd Addition to West Monroe, La. and being more particularly described as BEGINNING at the Southwest corner or said Lot 3 of Block 1, said point lying at the intersection of the Easterly line of Cypress St. and the Northerly line of Morris St.; thence Northeasterly along the Northerly line of Morris Street and the Southerly line of Lot 3, a distance of 64.24 ft.; thence turning a deflection angle of 83° 33'40" left, continue Northwesterly along the Westerly fare [sic; should be "face"] of Frame Bldg. and its Southerly projection a distance of 52.45 ft.; thence turning a deflection angle of 90° 00' right, continue Northeasterly along a party-wall in said Bldg. a distance of 9.57 feet; thence turning a deflection angle of 90° 42'30" left, continue Northwesterly along a party-wall in said Bldg. and its Northerly projection a distance of 51.21 ft. to the Northerly line of said Lot 2 of Block 1; thence turning a deflection angle of 95° 43'50" left, continue Southwesterly along the Northerly line of said Lot 2, a distance of 77.58 ft. to the Easterly line of Cypress St.; thence turning a deflection angle of 85°59' left, continue Southeasterly along the Easterly line of Cypress St. a distance of 102.25 ft. to the POINT OF BEGINNING. (emphasis added)

Following this description's first distance call of 64.24 feet, the eastern border of the conveyed property actually runs through the middle of the parking lot and the middle of the warehouse, the latter of which both sides concede was totally conveyed to Campbell. However, if the first call were about 25 feet longer, the eastern border would almost precisely coincide with the structures described ("Westerly fare [sic] of Frame Bldg." and "party-wall in said Bldg.") and would obviously convey the parking lot to Campbell. At the time, however, no one noticed the error, and Campbell and Eyre Motor Service continued to share the parking lot.

Later, in April 1984, Mr. Eyre sold the northern portion of the property with the machine shop to its current owner, plaintiff Jack Lewis. The cash deed conveys the entirety of Lots 2 and 3 to Lewis, less and except the portion previously sold to Campbell. The property description from Campbell's deed is copied verbatim in Lewis's deed as the less and except. Still, nobody noticed the error; Campbell and the machine shop's new management continued to share the parking lot.

Later, in July 1987, Campbell sold his part of the property to its current owner, defendant Roy Saucer. The property description in this deed is copied verbatim from Campbell's deed. Saucer uses the building and warehouse as a pawn shop. Initially he and the machine shop continued sharing the parking lot. In February 1989, however, Saucer erected a metal frame over the parking lot, apparently intending to enclose it.

Procedural history

Lewis filed the instant suit in March 1989, alleging he owned the parking lot. He prayed for an injunction against further construction, removal of the existing structures, and special and general damages. A TRO issued, but at the initial hearing Lewis withdrew his request for injunctive relief and the court referred the damage claim to the merits. By his answer, Saucer asserted he owned the parking lot. Neither side has contested the ownership of the buildings; the only issue is the parking lot.

*1258 At trial in May 1991, Lewis testified that when Horace Eyre sold him the machine shop, he clearly indicated that the parking lot went with it. Horace Eyre was too old and feeble to testify, but his son, Steven Eyre, testified that at the time of the sale to Lewis it was his parents' intention to convey the parking lot with the machine shop. Charlie Gross, an officer of Engine Specialties Inc., testified that Horace Eyre did not intend to convey the parking lot to Campbell in 1980. The evidence suggested that Horace Eyre was inattentive to legal descriptions.[3]

Saucer testified that when he bought the paint shop from Campbell in 1987, Campbell told him the parking lot went with his parcel. Saucer also testified that he heard his surveyor, Mason, tell Lewis in 1989 that the party walls were the boundary between the properties; acknowledging this, Lewis replied he did not care who owned the parking lot, as long as there was no shed on it. (Mason verified this, adding that when he spotted the mistake, he spoke to Horace Eyre, who said the parking lot went with Campbell's property.) Richard Campbell did not testify, although Saucer had previously listed him as a witness.

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

Related

Raylin Richard v. Anadarko Petroleum Corporation
850 F.3d 701 (Fifth Circuit, 2017)
Fruge v. ULTERRA DRILLING TECHNOLOGIES, LP
724 F. Supp. 2d 631 (W.D. Louisiana, 2010)
ST. ANDREWS PLACE v. City of Shreveport
914 So. 2d 1203 (Louisiana Court of Appeal, 2005)
Moore v. Wilson
772 So. 2d 373 (Louisiana Court of Appeal, 2000)
Marsh Cattle Farms v. Vining
707 So. 2d 111 (Louisiana Court of Appeal, 1998)
Gullatt v. Newell Industries, Inc.
688 So. 2d 1191 (Louisiana Court of Appeal, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
653 So. 2d 1254, 1995 WL 146119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-saucer-lactapp-1995.