Prince v. Palermo Land Co., Inc.

929 So. 2d 831, 2006 WL 1154950
CourtLouisiana Court of Appeal
DecidedMay 3, 2006
Docket05-1399
StatusPublished
Cited by4 cases

This text of 929 So. 2d 831 (Prince v. Palermo Land 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
Prince v. Palermo Land Co., Inc., 929 So. 2d 831, 2006 WL 1154950 (La. Ct. App. 2006).

Opinion

929 So.2d 831 (2006)

Nora Lee Miller PRINCE and Ancel James Miller
v.
PALERMO LAND COMPANY, INC.

No. 05-1399.

Court of Appeal of Louisiana, Third Circuit.

May 3, 2006.

*832 Oliver "Jackson" Schrumpf, Sulphur, Louisiana, for Defendant/Appellant, Palermo Land Company, Inc.

C.A. Guilbeaux, Lake Charles, Louisiana, for Plaintiffs/Appellees, Nora Lee Miller Prince and Ancel James Miller (deceased).

Court composed of MICHAEL G. SULLIVAN, BILLY H. EZELL, and JAMES T. GENOVESE, Judges.

GENOVESE, Judge.

Defendant, Palermo Land Company, Inc. (Palermo), appeals the judgment of the trial court declaring that the Plaintiffs, Nora Lee Miller Prince and her brother, the late Ancel James Miller (the Millers), are the owners of the property at issue through acquisitive prescription of thirty years. For the following reasons, we affirm.

FACTS

The property at issue is located north of other property owned by the Millers and is described in the record of these proceedings as:

The West Half (W 1/2) of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section 1, Township 10 South, Range 12 West, situated in the Parish of Calcasieu, State of Louisiana, containing 20 acres, more or less.

The property at issue was purchased by Palermo's ancestors in title on June 24, 1963, at a tax sale. Palermo asserts that it interrupted the Millers' alleged possession *833 and prescription by virtue of its purchase of said property at the tax sale in 1963 and that it has maintained its ownership by paying the property taxes since 1964.

The Millers claim that their ancestors began using the property at issue sometime in the 1940s. The Millers claim that their family has used the property for more than thirty years, raising cattle and growing crops. The property at issue was listed in the succession of the Millers' father, Ancel Onelect Miller, in 1993. The 1993 judgment of possession declared that the Millers, Nora Lee Miller Prince and the late Ancel James Miller, received ownership of their father's interest in the property at issue, subject to the usufruct of his surviving spouse, Rena Quebedeaux Miller. Also in 1993, Rena Quebedeaux Miller donated her alleged ownership interest in this property to the Millers, Nora Lee Miller Prince and the late Ancel James Miller. The property at issue was then partitioned between the Millers. Sometime around 1994, the late Ancel James Miller erected a fence on this property.

On July 18, 1997, the Millers filed a petition for declaratory judgment seeking to have themselves declared to be the owners of the property at issue pursuant to thirty years acquisitive prescription. The Millers contend that more than thirty years have elapsed since Palermo purchased said property at tax sale and that they have continued in physical possession of said property in excess of thirty years prior to their filing of this lawsuit.

A bench trial in this matter was set for February 4, 2005. At said hearing, the parties presented their evidence for the court's consideration and were allowed to submit post-trial briefs for the court's consideration, after which the trial court took the matter under advisement. Subsequently, the trial court issued written reasons for judgment finding that the Millers had established possession of the property pursuant to thirty years acquisitive prescription. The trial court wrote (citations omitted), in pertinent part:

The variety of physical or corporeal possession necessary in a particular occurrence will be determined by the nature of the land. The nature of the land involved is the chief consideration as to what acts of possession are sufficient.
Types of activities indicative of possession vary, but with rural property, the growing of crops, cattle grazing and fencing have been held as examples of possession sufficient to prove acquisitive prescription. Furthermore, adverse possessors can acquire title by prescription by engaging in activities such as maintaining fences, paying stamps on transactions, farming, carrying out drainage projects, and paying taxes.
However, payment of taxes alone is not sufficient indicia of possession for attainment of property under 30 year acquisitive prescription, it is much more effective in 10 year prescription cases. Paying of taxes is not sufficient in itself to support possession of or to show title to property, but taken in consideration with other facts, tends to support [a] claim of possession as owner. In fact, paying taxes was not possession necessary for 30 year prescription.
Here, in depositions by the Plaintiffs, Nora Prince and Ancel Miller, there was testimony that the property in question was used in a manner fitting its[] status as rural property for the purpose of acquisitive prescription. In their depositions, the [P]laintiffs testified to treating the land as an owner in open possession by ejecting trespassers from the tract, using the tract for recreation, farming on the tract, and using the tract as pasture for cattle, or fencing the land.
*834 The [D]efendants, by their own admission, have never held corporal possession of the tract. According [to] the depositions [], he [Joseph R. Palermo, Jr.] had only been on the land once or twice. Same for the other ancestors in title, only flew over the tract in a plane, and allegedly granted an oral lease to graze cattle, that was seemingly contradicted by an affidavit by an individual. . . .

On July 26, 2005, the trial court signed a judgment granting the Millers' petition for declaratory judgment, declaring them to be the owners of the property at issue through acquisitive prescription of thirty years.

ASSIGNMENTS OF ERROR

Palermo appeals and asserts the following assignments of error: (1) the trial court erred in failing to hold the 1963 tax sale constituted an admission against interest or an interruption of the claim of possession of the property by the Millers; (2) the trial court erred in failing to conclude that the offer by the Millers' ancestor to purchase the tract from Palermo's ancestor after the tax sale constituted an acknowledgment or admission of ownership in another person and an interruption in the Millers' possession; (3) the trial court erred in failing to note the discrepancy between the affidavits of possession and the deposition testimony admitting that the Millers did not "live on" the twenty-acre disputed tract; (4) the trial court erred in admitting the affidavits of deceased persons over objections, including violation of the right to cross-examine witnesses; (5) the trial court erred in failing to recognize that the granting of oil, gas, and mineral leases by Palermo, combined with payment of property taxes, interrupted acquisitive prescription; (6) the trial court erred in failing to grant Palermo's exception of failure to join a necessary party; and (7) the trial court erred in failing to require the Millers to substitute parties.

Palermo basically asserts that the trial court erred in finding that the Millers satisfied the requirements for proving ownership of the property at issue through acquisitive prescription of thirty years.

Possession of an immovable is the detention or enjoyment of a corporeal thing. See La.Civ.Code art. 3421. "Corporeal possession is the exercise of physical acts of use, detention, or enjoyment over a thing." La.Civ.Code art.

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

Related

Frank Darby, Jr. v. Daniel Vallere
Louisiana Court of Appeal, 2020
Grantham v. Gaddis
158 So. 3d 51 (Louisiana Court of Appeal, 2014)
Mildred Grantham v. Loy Ray Gaddis, Jr.
Louisiana Court of Appeal, 2014
Edwards v. Larose Scrap & Salvage, Inc.
89 So. 3d 1227 (Louisiana Court of Appeal, 2012)
Sagnibene v. Roy O. Martin Lumber Co.
68 So. 3d 32 (Louisiana Court of Appeal, 2011)
Hillman v. Andrus
63 So. 3d 1164 (Louisiana Court of Appeal, 2011)
Tommy G. Hillman v. Thomas M. Andrus, Et Ux.
Louisiana Court of Appeal, 2011
Caffery Alexander v. Michael Rene Maddox
Louisiana Court of Appeal, 2007

Cite This Page — Counsel Stack

Bluebook (online)
929 So. 2d 831, 2006 WL 1154950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prince-v-palermo-land-co-inc-lactapp-2006.