Porter v. Acadia-Vermilion Irr. Co., Inc.

479 So. 2d 1003
CourtLouisiana Court of Appeal
DecidedDecember 11, 1985
Docket84-927
StatusPublished
Cited by14 cases

This text of 479 So. 2d 1003 (Porter v. Acadia-Vermilion Irr. Co., 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
Porter v. Acadia-Vermilion Irr. Co., Inc., 479 So. 2d 1003 (La. Ct. App. 1985).

Opinion

479 So.2d 1003 (1985)

Weston PORTER, et ux., Plaintiffs-Appellants,
v.
ACADIA-VERMILION IRRIGATION CO., INC., Defendant-Appellee.

No. 84-927.

Court of Appeal of Louisiana, Third Circuit.

December 11, 1985.

*1004 Dan Keefe, Lafayette, for plaintiffs-appellants.

Broadhurst, Brook, Mangham, Hardy & Reed, Randall Karr, Lafayette, for defendant-appellee.

Before GUIDRY, DOUCET and LABORDE, JJ.

GUIDRY, Judge.

Plaintiffs, Weston J. Porter, Sr. and Hazel Porter, instituted this suit against Acadia-Vermilion Irrigation Co., Inc. (AVICO) seeking a judgment declaring that a certain instrument, executed by their ancestor in title on December 22, 1910, conveyed a servitude over a strip of land for canal purposes rather than the fee title to such strip. The trial court ruled in defendant's favor, holding that the instrument conveyed fee title to the disputed strip of land. In reaching this conclusion, the trial court refused to consider any extrinsic evidence to the contrary. Plaintiffs appeal.

Plaintiffs set forth the following issues for review:

1. Was the December 22, 1910 document ambiguous, thus requiring the trier of fact to examine extrinsic evidence?
2. Did Francois R. Broussard transfer fee title to the disputed strip of land?
*1005 3. Are appellants entitled to a judgment declaring them to be fee title owners in indivision of the disputed strip?

FACTS

On December 22, 1910, Francois R. Broussard and United Irrigation and Rice Milling Company executed a document before Walter B. Gordy, Notary Public. The document was in printed form and captioned "Cash Deed". In such deed, Francois R. Broussard did "Grant, Bargain, Sell, Convey, Transfer, Assign, Set Over and Deliver, with all legal warranties, and with a full guarantee against all troubles, debts, mortgages, claims, evictions, donations, alienations or other encumbrances whatsoever" to United the following described property:

"That certain strip or parcel of land situated in Vermilion parish, Louisiana, lying in the East half of the South East quarter (E.½ of S.E.¼) of Section sixteen (16), and the North East quarter of the North East quarter (N.E.¼ of N.E.¼) of Section twenty-one (21) in Township thirteen (13) South Range two (2) East of Louisiana Meridian, and more particularly described as Beginning on the south side of the public road, twenty (20) feet south and forty (4) [sic] feet west of the north east corner of the South East quarter of said Section sixteen, and running thence in a Southwesterly direction to a point on the south line of aforesaid North East quarter of North East quarter of Section twenty-one, twelve hundred feet west of its south east corner; thence West, along said south line one hundred (100) feet, more or less, to the east side of the public road running along the west side of said North East quarter of North East quarter; thence in a northeasterly direction to the south side of the public road first herein mentioned; thence East, along the south side of said public road, one hundred (100) feet to the place of beginning; all in accordance with a plat hereon endorsed and made a part hereof."

The following two paragraphs were typed in immediately after the above-quoted property description:

"In consideration of the purchaser, its successors and assigns constructing, maintaining and operating a canal for irrigation purposes on the strip of land herein before described and herein conveyed, vendor binds and obligates himself, his heirs and assigns to take water for irrigation purposes from said purchaser, its successors or assigns, as long as the said strip shall be used for canal purposes, and to pay therefore the same water rent that shall be charged by purchaser to its other customers.
And in consideration of the conveyance herein made and the foregoing agreement on the part of vendor, the purchaser hereby agrees to construct, operate and maintain on said strip a canal for irrigation purposes and to furnish water therefrom to the vendor, his heirs and assigns at the same price charged to its other customers."

Although not mentioned by either the trial judge or the parties, the above typewritten paragraphs were stricken from the text of the agreement, as is clearly evidenced from the certified copy of the document introduced in evidence. The deletion was not initialed by the parties but nonetheless must have occurred either prior to the execution of the agreement or certainly prior to its recordation on January 24, 1911.

The document thereafter recites that the property was conveyed with full legal warranties and that the taxes assessed against it were paid. The stated consideration for the conveyance was one dollar ($1.00). The following typed paragraph appears in the document at the bottom of the second page:

"And the further consideration of the benefits and advantages to arise from the construction of a canal for irrigation purposes on said strip, and the agreement on the part of purchaser to water the lands of vendor as here in above set forth."

*1006 Plaintiffs are the successors in title of Francois Broussard to a 40 acre portion of the tract of land formerly owned by Francois Broussard, through which the irrigation canal constructed by AVICO traverses. AVICO is the successor in title of United Irrigation and Rice Milling Company (United). The canal was constructed and maintained by United and its successors until 1980 when AVICO dismantled and ceased operation of the canal. Plaintiffs thereafter instituted this suit to have themselves declared owners of the disputed strip of property.

IS THE DOCUMENT AMBIGUOUS?

The trial judge, in his written reasons for judgment, held that the 1910 deed was clear and unambiguous, and by virtue thereof, Francois R. Broussard conveyed full fee title to the disputed strip of land to United. The trial judge listed the following factors as being determinative of his finding:

1. The language in the document stated that vendor "does by these presents, Grant, Bargain, Sell, Convey, Transfer, Assign, Set Over and Deliver ...".
2. In the typewritten portion of the document, the parties agreed that the vendee would construct and the vendor would take water from a canal "... on the strip of land herein ... conveyed".
3. The sketch or plat attached to the document labeled the strip of land at issue as "strip conveyed herein", while the strip of land belonging to an adjoining landowner was labeled "Canal Right of Way". The trial judge stated that, "Surely, if the parties to the sale in question had intended the strip to be merely a right of way, they could, and would, have so labeled it, as was done on the strip to the north."

Concluding that the document was clear and unambiguous on its face, the trial judge determined that extrinsic evidence relating to the contracting parties' intentions was not to be considered.

Courts are bound to give legal effect to all written contracts according to the true intent of the parties and this intent is to be determined by the words of the contract when they are clear, explicit and lead to no absurd consequences. La.C.C. Art. 1945[1]; Baker v. Life General Security Insurance Co., 405 So.2d 1162 (La.App. 1st Cir.1981).

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

Related

Keystone Energy Co. v. Denbury Onshore, LLC
188 So. 3d 458 (Louisiana Court of Appeal, 2016)
Opinion Number
Louisiana Attorney General Reports, 2007
Waterfowl Ltd Liab v. United States
473 F.3d 135 (Fifth Circuit, 2006)
Waterfowl Ltd. Liability Co. v. United States
473 F.3d 135 (Fifth Circuit, 2006)
Abshire v. Vermilion Parish School Bd.
848 So. 2d 552 (Supreme Court of Louisiana, 2003)
King v. Strohe
673 So. 2d 1329 (Louisiana Court of Appeal, 1996)
STATE DOTD v. Unknown Owners
661 So. 2d 626 (Louisiana Court of Appeal, 1995)
Conway v. Crowell Land & Mineral Corp.
635 So. 2d 544 (Louisiana Court of Appeal, 1994)
Crowell Land & Mineral Corp. v. Verneco, Inc.
610 So. 2d 1078 (Louisiana Court of Appeal, 1992)
City of Eunice v. Sunland Properties
597 So. 2d 1198 (Louisiana Court of Appeal, 1992)
Porter v. Acadia-Vermilion Irrigation Co.
483 So. 2d 1019 (Supreme Court of Louisiana, 1986)
Heirs of Primeaux v. Erath Sugar Co., Ltd.
484 So. 2d 717 (Louisiana Court of Appeal, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
479 So. 2d 1003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porter-v-acadia-vermilion-irr-co-inc-lactapp-1985.