Maddox v. Percy

351 So. 2d 1249
CourtLouisiana Court of Appeal
DecidedOctober 17, 1977
Docket11479
StatusPublished
Cited by15 cases

This text of 351 So. 2d 1249 (Maddox v. Percy) 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
Maddox v. Percy, 351 So. 2d 1249 (La. Ct. App. 1977).

Opinion

351 So.2d 1249 (1977)

Lucy Percy MADDOX
v.
Elena PERCY.

No. 11479.

Court of Appeal of Louisiana, First Circuit.

October 17, 1977.
Rehearing Denied November 21, 1977.

*1251 Alexis A. St. Amant, Baton Rouge, for plaintiff and appellant.

Ashton L. Stewart, Baton Rouge, for defendant and appellee.

Before LANDRY, SARTAIN and ELLIS, JJ.

LANDRY, Judge.

Plaintiff (Appellant) appeals from judgment ordering partition in kind of a 941.52 acre tract of rural land situated in West Feliciana Parish, which Appellant owns jointly with defendant (Appellee). Appellant's request for partition by licitation was rejected because the trial court found no merit in Appellant's contentions: (1) that the proposed division created tracts of unequal value and diminished the value of the land as a whole; and (2) that any division in kind will diminish the value of the land as a whole, because of its peculiar characteristics. We affirm.

The parties are sisters. They acquired the land by donation from their parents in 1965. The land is part of Ellersley Plantation which contained about 1150 acres before approximately 200 acres was severed from the plantation prior to the aforementioned donation. The tract is bounded south by Highland-Plettenberg Road (Highway), a paved two lane highway, and has a frontage of 5,716 feet on the north side of said Highway. On the north it is bounded by lands of Edward Percy, west by lands of C. Carter Percy, and east by the meanderings of Little Bayou Sara. Division into two tracts of equal value is rendered difficult by the presence of a ravine forming a natural dividing line between the northern and southern parts of the tract. The ravine runs from the eastern boundary on Little Bayou Sara, beginning about 2000 feet north of the Highway and runs northwesterly to a point approximately three-fourths of the tract's east-west width. At its western end (beginning), the ravine is a mere shallow depression easily crossed by animals and farm machinery. In its meandering south-easterly course toward Little Bayou Sara (into which it empties), the ravine becomes progressively wider and deeper, and becomes impassable at a point slightly west of the center of the tract. Its estimated maximum depth is 50 feet and maximum width about 200 feet. The eastern portion of the land north of the ravine is inaccessible from the land below. It is economically unfeasible to bridge the ravine at any point east of the center of the tract. The western one-fourth of the tract is unaffected by the ravine.

Appellant sued for a partition in kind and, alternatively, by licitation. Appellee resisted partition in any form. The trial court ordered partition and appointed a notary public to effect the division. The notary appointed a surveyor and appraiser to assist him and proposed a division into two tracts designated A and B on a plat of survey made by the surveyor. Tract A contains 624.66 acres, being in effect all of the western one-fourth of the land and all of the eastern part lying north of the ravine. Tract A has no highway frontage except an access route about 50 feet wide on the Highway by a depth of about 1000 feet, connecting the southwest corner of A to the Highway. Tract B contains 316.86 acres, all of the land south of the ravine and all of the Highway frontage except the access route to Tract A. The notary found the tracts to be of equal value, namely, $160,291.50. Appellant drew Tract B and Appellee was allotted Tract A. Appellee filed a rule to homologate the proces verbal of partition. Appellant opposed on the ground the land could not be divided in kind without diminishing its value as a whole and also claiming the tracts were of unequal value.

Appellant contends the trial court erred in: (1) Qualifying Appellee's witness, W. C. Snyder, as an expert appraiser; (2) Awarding greater weight to the testimony of Appellee's experts Snyder and C. C. Redell than to Appellant's experts Karl Snyder and George Platt; (3) Holding Tract B's best and highest use to be for homesites and thereby finding that Tract B is equal in value to A which is twice as large as B; (4) Holding it unnecessary that the tracts be *1252 exactly equal in value when it is possible to make them equal and also holding the alleged inequality was due to an error in computation; and, (5) Finding that the land can be divided equally without diminishing its value as a whole.

W. C. Snyder is a registered surveyor and real estate broker. He has surveyed numerous large farms in West Feliciana Parish. For 10 years he was woods superintendent for a lumber firm operating in the parish. As a real estate broker he purchased four large tracts between 200 acres and 1150 acres in size, for a utility company and made one or two sales of timber tracts. He surveyed subject tract for the notary appointed to make the partition. The survey took 20 days. He considered the land best suited for cattle farming and deemed a north-south division impracticable because of the ravine. He appraised the land in June, 1975, using as a comparable the sale of 271 acres taken from nearby Rosebank Plantation which he did not consider as good land as subject property. He considered also the sales of four small tracts of 52 acres or less but relied mainly on the Rosebank sale. He found Tract A contained 280.50 acres of open pasture valued at $350.00 an acre, or $98,175.00; 318.02 acres of woods and ravine worth $150.00 an acre, or $47,685.00; 23.17 acres of pasture and woods valued at $450.00 an acre, or $12,676.50; and 2.97 acres road frontage (the access road) at $600.00 an acre, or $1,782.00, inaccurately computed at $160,291.50, actually $158,086.50. He found Tract B worth $160,291.50, consisting of 118.03 acres of pasture and woods with road frontage valued at $600.00 an acre, or $70,818.00 and 198.83 acres of pasture and woods without road frontage at $450.00 an acre, or $89,473.50. He conceded it is usual to divide property according to road frontage, but that procedure was not followed in this case because it was stipulated the ravine would be the boundary and, so divided, the property could not be separated into parcels with equal road frontage and value. He conceded the land could be divided otherwise in kind but that the proposed division was the most sensible and practicable because any other equal dollar division would leave the eastern sector of the land without access to the portion north of the ravine.

The partition was effected in April, 1976, subsequent to Snyder's appraisal. On being apprised of sales of highway frontage, between the time of his appraisal and the partition, at prices up to $1,200.00 per acre, he stated that if he had had such information at the time of his appraisal, he would have decreased the acreage in Tract B to equalize values. He believed both tracts to be of equal value; that the combined value of the separate tracts equalled the value of the whole; that the division did not diminish the value of the separate tracts; and, that the sale of the whole would not bring more than the separate sale of the two parcels.

C. C. Redell, 80 years of age, testified in answer to interrogatories because he was unable to attend trial. He had many years experience appraising farm land as loan officer and appraiser for the Federal Land Bank and in such capacity had appraised subject tract several times. A licensed real estate broker, he had sold five large tracts in West Feliciana Parish, varying in size from 200 to 1,025 acres. He considered the tract as a whole, and also Tracts A and B separately, as best suited for agricultural purposes.

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Bluebook (online)
351 So. 2d 1249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maddox-v-percy-lactapp-1977.