Pierce v. Hunter

13 So. 2d 259, 202 La. 900, 1943 La. LEXIS 937
CourtSupreme Court of Louisiana
DecidedMarch 8, 1943
DocketNo. 36399.
StatusPublished
Cited by16 cases

This text of 13 So. 2d 259 (Pierce v. Hunter) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pierce v. Hunter, 13 So. 2d 259, 202 La. 900, 1943 La. LEXIS 937 (La. 1943).

Opinion

ROGERS, Justice.

This is a suit to determine the ownership of a tract of land lying in the center of an oil field at Golden Meadow. Plaintiffs are Willie Pierce, claiming to be the owner of an undivided three-fourths interest in the land, and Felicien Duet, Jr., claiming to own an undivided one-fourth interest therein. The defendants are William H. Hunter and Edmond L. Deramee. The suit was brought primarily to try title under the provisions of Act No. 38 of 1908, and, alternatively, as a petitory action.

Alleging their possession, defendants set up a title alleged to be superior to the title of plaintiffs. In the alternative, defendants pleaded the prescription of ten years’ acquirendi causa based on a title translative of property.

After a hearing on the issues set up in the pleadings, the court below held that defendants were in possession of the property and dismissed the suit so far as it is based on Act No. 38 of 1908. The court found on plaintiffs’ alternative demand and prayer that plaintiffs possessed the record title to the property, but that defendants’ prescriptive title was established by the evidence. Accordingly, the court maintained defendants’ plea of ten years’ prescription acquirendi causa and recognized defendants “to *904 be the true and lawful owners and possessors of the property ^escribed in plaintiffs’ petition and claimed by them.” From this judgment plaintiffs appealed.

The land in dispute is situated in Section 12, Township 19 South, Range 22 East, in the Parish of Lafourche. Plaintiffs trace their record title to the conveyance made by Sheldon Guthrie to Ines Pierce on July 1, 1907. Defendants trace their prescriptive title to the same source. The property sold by Sheldon Guthrie to Ines Pierce on July 1, 1907, consisted of seven acres, more or less, front on Bayou Lafourche, by a depth of seven acres, more or less. The sale also included all the rights and privileges that Guthrie had or may have to any land in the rear as far back and to the West Range Line. On July 8, 1907, or just seven days after his acquisition of the property, Ines Pierce sold to Willie Pierce the lower one-half of the seven-acre frontage by a depth of seven acres. Ines Pierce retained such title to the land lying in the rear of the property sold to Willie Pierce as he had acquired from Sheldon Guthrie. On July 10, 1911, by two acts of sale, Ines Pierce sold the remaining one-half of his land, having a frontage of three and one-half acres more or less on Bayou Lafourche, to Willie Pierce and Igniasse Pierce. Willie Pierce acquired the lower half of the property, having a frontage of one and three-quarters acres, more or less, and Igniasse Pierce acquired the upper half of the property, having a frontage of one and three-quarters acres. In each of these sales, Ines Pierce transferred to Willie Pierce and Igniasse Pierce one-half of “a certain tract of land measuring three and one-half acres (3%)> more or less, front on Bayou Lafourche, by seven (7) acres in depth.” In each of the deeds it was further set forth: “This sale includes all the rights and privileges that the vendor has or may have in or to the rear of the land herein sold and described, as far back to the West Range Line in the rear of said property. The above described property being part of the same property which the said Ines Pierce acquired from Sheldon Guthrie on July 1, 1907.”

The effect of these sales was to transfer to Willie Pierce and Igniasse Pierce a tract of land having a frontage of three and one-half (3%) acres on Bayou Lafourche by the entire depth extending between the side lines to the West Range Line. From which it appears that the tract of land now claimed by plaintiffs is the tract of land lying in the rear of the lower half of the tract measuring three and one-half (3%) acres more or less front on Bayou Lafourche by seven (7) acres in depth, acquired by Willie Pierce from Ines Pierce on July 10, 1911.

After acquiring the above lands, Willie Pierce made four sales on January 27, 1916, copies of the deeds of which appear in the record.

One of these sales was to Andre Martin of a tract of land measuring one and one-half (IV2) arpents front on Bayou Lafourche by a depth of seven (7) arpents, more or less. In the case of Pierce v. Le-fort, 197 La. 1, 200 So. 801, this Court, affirming the judgment of the district court, *906 held that Martin was limited to a depth of seven (7) acres from Bayou Lafourche, and that the tract of land conveyed to him did not include any part of the property which is the subject of the present suit. The tract of land to which plaintiffs claim to have the record title lies immediately in the rear of the property that Willie Pierce sold to Andre Martin.

The other sales were-made by Willie Pierce to Daize Cheramie, Ernest Pitre, and Ozema Cheramie. The tracts of land sold to Daize Cheramie and Ernest Pitre measured each one-half (1/2) arpent front on Bayou Lafourche by a depth of seven arpents. The tract of land sold to Ozema Cheramie was described as follows:

“A certain tract of land situated in the Parish of Lafourche on the right descending bank of Bayou Lafourche at about fifty-five miles below the Town of Thibodaux, measuring three (3) arpents front, or less, by the depth thereto belonging, • bounded above by lands now belonging to Ernest Pitre, formerly by vendor, and bounded below by lands owned by Mr. and Mrs. Oscar Authement, together with all the improvements thereon.
“The above described property being the remainder of a larger tract measuring five and one-half arpents front on Bayou Lafourche, having been the property owned by the above named vendor.”

On November 18, 1922, Ozema Cheramie sold to Robert Verret a certain tract of land on the right descending side of Bayou Lafourche at about fifty-two (52) miles from the Town of Thibodaux,, measuring as follows: First, eighty-five (85) feet front facing Bayou Lafourche by a depth ■ of 356 feet, more or less,' and thereafter, second, three (3) arpents, more or less, front by the depth to the seven-arpent line, and third, the rear tract beginning at the seven-arpent line and measuring seven arpents front.

On August 9, 1924, Robert Verret sold to William H. 'Hunter the following described property:

1. “A certain tract of land situated in the Parish of Lafourche, State of Louisiana,- at about 52 miles from the City of Thibodaux, on the right hand descending Bayou Lafourche, measuring a front of eighty-five feet on said Bayou by a depth of three hundred twenty-four feet, more or less, bounded above by property of Harve Cheramie and other land of Ozemee Cheramie formerly, below, by other property of Ozemee Cheramie, now or formerly, in front by Bayou Lafourche, and in the rear by portion of the property secondly described, together with all the buildings and improvements thereon and thereto belonging.
2. “Another certain tract of land, situ- . ated in the Parish of Lafourche, State of Louisiana, at about 52 miles from the Town of Thibodaux, on the right hand descending Bayou Lafourche, measuring a front .

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Bluebook (online)
13 So. 2d 259, 202 La. 900, 1943 La. LEXIS 937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-hunter-la-1943.