Ryan v. Grandison Trust

490 So. 2d 317, 1986 La. App. LEXIS 7099
CourtLouisiana Court of Appeal
DecidedMay 28, 1986
DocketNo. CA 84 1410
StatusPublished
Cited by3 cases

This text of 490 So. 2d 317 (Ryan v. Grandison Trust) 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
Ryan v. Grandison Trust, 490 So. 2d 317, 1986 La. App. LEXIS 7099 (La. Ct. App. 1986).

Opinion

PONDER, Judge.

Plaintiffs appealed the dismissal of their suit for declaratory judgment on defendant’s peremptory exception of res judicata.

The issue on appeal is whether the doctrine of res judicata bars litigation of the instant action.

We reverse and remand.

The facts are essentially undisputed. On August 29, 1929, Joseph deFuentes Harrison purchased approximately 22 thousand acres of Lafourche Parish marshland. In the Act of Sale, the vendors reserved the oil, gas and mineral rights attached to the land, which they transferred on July 22, 1930, to defendant’s ancestor in title, The Grandison Company. On June 6, 1935, The Grandison Company granted a mineral lease to Gulf Refining Company, which began drilling a well (Gulf No. 1) in March of 1939. This well was abandoned as a dry hole on June 16, 1939. Gulf Refining Company drilled a second well (Gulf No. 2) on August 23, 1939; however, this well-was also dry and was abandoned on December 17, 1939.

On February 5, 1940, Joseph deFuentes Harrison brought suit against The Grandi-son Company, alleging that the mineral rights reserved in 1929 had reverted to him by virtue of the accrual of ten years libera-tive prescription of non-use.1 The suit was removed to Federal Court and converted to a petitory action. Thereafter, Joseph Harrison died and his widow and children were substituted as parties plaintiff. Prior to the institution of the suit, Joseph de-Fuentes Harrison had sold small portions of his property to others; none of the vendees joined Joseph Harrison as plaintiffs in the 1940 suit.

The federal district judge was presented with two separate issues: (1) whether the drilling of the two Gulf wells constituted timely and good faith use of the reserved mineral servitude(s) burdening the Harrison lands, and (2) if they did, what was the extent of the servitude(s) preserved thereby. The Harrisons’ main argument was that the areas immediately surrounding the two wells were rendered noncontiguous to the remainder of their lands by various navigable waterbodies. The Harrisons contended that the state ownership of the beds of these waterbodies destroyed the contiguity of their lands, thus creating several separate and distinct mineral servitudes on their lands, not all of which were removed from the accrual of prescription by the drilling of the two wells.

In his written opinion, the federal district judge made the following findings of fact: (1) that in the 1929 Act of Sale whereby Grant and Andrus transferred the lands in question to Joseph deFuentes Harrison and reserved all oil, gas and mineral rights thereto, this reservation, because of the lack of contiguity of the Harrison lands at that time, operated as the reservation of several separate mineral servitudes; (2) that only the continued existence and respective land acreage of two of those servi-tudes were at issue;2 (3) that all parcels of land within Tract “A” were contiguous, and as a consequence, the drilling of Gulf No. 1 within that tract’s boundaries interrupted the running of the ten year prescriptive period for the entirety of Tract “A”; and (4) that all parcels of land within Tract “B” were likewise contiguous, and as a [319]*319consequence, the drilling of Gulf No. 2 within that tract’s boundaries interrupted the running of prescription for that entire tract. In making these findings of fact, the district judge determined that the Har-risons had failed to prove the navigability and consequent state ownership of certain waterbodies asserted.

In accordance with these reasons, the federal district court rendered partial judgment in favor of The Grandison Company, decreeing it to be the lawful owner of the oil, gas and mineral rights appertaining to Tracts “A” and “B.” The court rendered partial judgment in favor of the Harrisons, decreeing all of the oil, gas and mineral rights appertaining to the remainder of the Harrisons’ lands had reverted to them by virtue of non-use during the ten years prescriptive period following August 29, 1939. This judgment was not appealed and thus became final. Harrison v. Grandison Co., 51 F.Supp. 768 (E.D.La.1943).

Following the abandonment in 1939 of the wells drilled by Gulf Refining Company, there was no further drilling on the Harrison lands, until January 22, 1949, when a well designated as the H.L. Hunt No. 1 was drilled on lands within that area designated as Tract “A” in the 1943 federal court judgment. That area designated as Tract “B” has not been drilled upon since 1939.

Subsequent to the 1943 federal judgment, the tract of land previously sold to Nelson Constant was reacquired by the Harrisons. In addition, on August 26, 1966, The Grandison Company transferred its oil, gas and mineral rights to The Gran-dison Trust.

On February 11, 1982, Lydia Harrison Ryan, William H. Harrison, Jr., Shirley Harrison Hyde, Katherine L. Harrison, Richard Harrison, and Family Project-A Louisiana Partnership In Commendam (plaintiffs) brought suit against The Gran-dison Trust (defendant), seeking a declaratory judgment that almost all the oil, gas and mineral rights held by The Grandison Trust had reverted to them by virtue of the accruing in 1949 of ten years prescription for non-use. Plaintiffs exempted from the scope of their petition a limited area immediately surrounding the H.L. Hunt No. 1 well.

In this 1982 suit, only the reversionary rights of the plaintiffs in regard to Tract “A” are at issue, it being uncontested by The Grandison Trust that the servitude burdening Tract "B” had expired in 1949 for non-use. The thrust of plaintiffs’ claim as to Tract “A” was that the H.L. Hunt No. 1 well had interrupted the running of prescription3 only as to a relatively small area of land immediately surrounding the well, bounded by two bayous which plaintiffs claimed became navigable subsequent to the 1943 federal judgment. The underlying basis of this argument was that the subsequently arising navigability of these two bayous resulted in the vesting of title of their beds in the state of Louisiana, which in turn caused the area enclosed between the bayous to become noncontiguous with the remainder of the lands within Tract “A,” which further caused the creation of a separate mineral servitude burdening this area distinct from the servitude burdening the rest of Tract “A.” Accordingly, plaintiffs argued, the drilling of the H.L. Hunt No. 1 well did not prevent the extinguishment of that separate servitude burdening all lands lying beyond these two bayous.

In the alternative, plaintiffs sought to prove their reversionary rights as to another portion of Tract “A,” on the ground that it was separated from and noncontiguous with the rest of the tract by virtue of a bayou that was navigable in 1812. In the further alternative, plaintiffs sought to prove their reversionary rights as to still another portion of Tract “A” on the grounds that it was separated from and noncontiguous with the rest of the tract by virtue of a bayou that became navigable [320]*320over ten years prior to the institution of suit in 1982 and the servitude burdening that area had not been used since the area became noncontiguous.

The Grandison Trust asserted the peremptory exception of res judicata, exempting from its plea the lands sold by Harrison, one tract of which had been repurchased by the Harrisons.

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Related

Rollison v. Rollison
541 So. 2d 375 (Louisiana Court of Appeal, 1989)
Ryan v. Grandison Trust
496 So. 2d 316 (Supreme Court of Louisiana, 1986)

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Bluebook (online)
490 So. 2d 317, 1986 La. App. LEXIS 7099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-grandison-trust-lactapp-1986.