Ryder v. Belgard

915 So. 2d 408, 2005 WL 2864630
CourtLouisiana Court of Appeal
DecidedNovember 2, 2005
Docket2005-452
StatusPublished
Cited by2 cases

This text of 915 So. 2d 408 (Ryder v. Belgard) 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
Ryder v. Belgard, 915 So. 2d 408, 2005 WL 2864630 (La. Ct. App. 2005).

Opinion

915 So.2d 408 (2005)

Estelle Wiggins Gunter RYDER
v.
Glenn Edward BELGARD, et ux.

No. 2005-452.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2005.
Rehearing Denied December 21, 2005.

*409 Ricky L. Sooter, Alexandria, LA, for Plaintiff/Appellee: Estelle Wiggins Gunter Ryder.

Richard E. Lee, Pineville, LA, for Defendants/Appellants: Glenn Edward Belgard, Johnna Sue Haynes Belgard.

Court composed of GLENN B. GREMILLION, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.

GREMILLION, Judge.

The defendants, Glenn and Johnna Belgard, appeal the judgment of the trial court declaring that the plaintiff, Estelle Wiggins Ryder, is the owner of the property at issue through acquisitive prescription of ten and thirty years. For the following reasons, we affirm.

FACTS

The subject 10.97 acres is located in Deville, Rapides Parish, Louisiana. The land is part of Section 11, which consists of 676.98 acres in Township 5 North, Range 2 East, which was granted to Benjamin Miller via a patent from the United States in 1832. The ownership of Section 11 changed hands several times through 1902. In 1904, eighty acres, including the subject acreage, was sold by Elijah Lee to David C. Gunter, who was married to Janie Bonnette Gunter. Five of the eighty acres was then sold by David to James R. Howard in 1906. On January 17, 1914, David sold the south forty acres of the eighty acre tract to his son Avard (Doc) Gunter. The property description of that sale stated:

Commencing at the South West Corner of Section Eleven (11) being the Benjamin Miller Grant "B" 720 911 Township Five (5) North Range Two (2) East and Thence run N. 20° 50' West Twenty (20) Chains; thence North 69° 10' East Twenty (20) Chains; Thence South 20° 50' East Twenty (20) chains; thence South 69° 10' West 20 chains and being the South half of the land purchased by this Vendor recorded in Conveyance Book "R R" pages 478 from Elizah Lee.

On December 2, 1915, an Act of Exchange was executed between David and Avard, whereby:

Said David C. Gunter and Avard (Doc) Gunter did declare that they are desirous of making an Exchange of the two tracts of land above described, the Said Avard Gunter exchanging the South half or forty acres with David C. Gunter for the North half of the 80 acres above described and said affiants did declare that they each to the other do hereby exchange, sell, convey, transfer and set over to the other, the lands now owned by them and above described — the Said *410 David C. Gunter to the Said Avard Gunter, the North half of the Said Eighty acres of land and the Said Avard Gunter to David C. Gunter, the South half of the Said 80 acres and improvements.

Pursuant to this act, David now owned a forty acre tract located in Section 11, Township 5 North, Range 2 East, with the following property description:

Commencing at the South West Corner of the Benjamin Miller Spanish Grant—B—720 911, in Township Five (5) North Range Two (2) East and thence run North Twenty degrees and fifty-minutes (20° 50') West, Twenty (20) chains; thence North Sixty Nine degrees and ten minutes (69° 10') Twenty (20) chains; thence South Twenty degrees and fifty-minutes (20° 50') East Twenty (20) chains; thence South Sixty nine degrees and and (sic) Ten minutes (69° 10'), Twenty chains, and being the South half of the 80 acres of land purchased by David C. Gunter from Elijah Lee recorded in Conveyance book R R page 478 — the Sale from D C Gunter to Avard Gunter, being recorded in book 57 — page 499 of the records of Rapides Parish Louisiana.

In 1927, subsequent to David's death on September 9, 1920, seven of his children, John, Jake, Jim, Avard, Gene, Hattie, and Mattie sold all of their interests in his succession to their brother, Robert, a bachelor, particularly the following described property:

All of that certain tract of land described as commencing at the South West corner of Section Eleven, being the Benjamin Miller Grant "B" No. 911, in Township Five, North Range Two East, Thence North twenty degrees and fifty minutes West, forty chains, thence North sixty-nine degrees and ten minutes East twenty chains, thence South twenty degrees and fifty minutes East forty chains, and thence South sixty-nine degrees and ten minutes West, twenty chains, to point of beginning, containing the quantity of eighty (80) acres; being the same property described in sale of Ellijah (sic) Lee to D.C. Gunter, in Conveyance Book "RR", page 478, of the Records of Rapides Parish, Louisiana, less that proration sold by David Gunter to Avard (Doc) Gunter and described as follows: Commencing at the South West corner of Section Eleven, being the Benjamin Miller Grant "B" No. 911, Township Five, North Range Two East, and thence run North twenty degrees fifty minutes West twenty chains; thence run sixty-nine degrees, ten minutes, East, twenty chains, thence South twenty degrees and fifty minutes East twenty chains, thence South sixty-nine degrees and ten minutes West twenty chains, and being the South half of the land purchased by David Gunter in Conveyance Book "RR", page 478, of the records of Rapides Parish, Louisiana.

On December 28, 1933, Robert married Estelle Wiggins at his home located on the subject property, where they thereafter resided. Subsequent to his mother's death on April 17, 1937, Robert again purchased his siblings' interests in David's succession. These five conveyances, executed on June 25, 1942, September 1, 1942, December 29, 1945, December 21, 1946, and November 25, 1949, contained the same property descriptions as in the October 1, 1927 conveyance, pertaining to the eighty acres of property, less and except the forty acres sold by David to Avard.

On July 31, 1948, John B. Hammond sold Robert 2.49 acres of land located in Section 11, Township 5 North, Range 2 East, which was located in the southwest corner of the north forty-acres owned by Avard after the execution of the Act of Exchange with David.

*411 In 1948, Robert commenced selling off portions of the 42.49 acres owned by him. On January 2, 1948, he sold one acre of land to Dwight Belgard, which was located on the east side of the Catahoula Lake Road. On July 6, 1951, he granted a right-of-way easement across his property to the Louisiana Rural Electric Corporation. On November 29, 1952, he sold eighteen acres of property located east of the road to his brother, Carl. On March 30, 1955, he sold one acre located in the southwest corner of his property to Spencer Wiggins. He sold another acre to Shirley Wiggins on May 25, 1957. Robert died on January 24, 1958. Subsequent to his death, Estelle continued selling off portions of the property. On April 13, 1965, she declared that Robert had executed a right of way in favor of American Louisiana Pipe Line Company, which was recorded in the Rapides Parish Conveyance Book on December 5, 1955. On February 3, 1969, she executed an oil, gas, and mineral lease in favor of Jack T. Everett on thirty-nine acres located in the southwest quarter of the southwest quarter less and except one acre in the form of a square in the southwest corner owned by D.W. Faircloth. On September 18, 1972, she sold one acre to Donald Wayne Faircloth and 2.2 acres to Edward Belgard. On April 27, 1978, Estelle sold one acre to Spencer Wiggins. On February 11, 2003, Estelle donated a servitude of drainage over her remaining 13.29 acres to her niece, Teresa Allen.

On December 23, 2003, Gene Herbert Gunter, Jr. (Gene Herbert), David Gene Gunter's grandson,[1]

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Related

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Cite This Page — Counsel Stack

Bluebook (online)
915 So. 2d 408, 2005 WL 2864630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryder-v-belgard-lactapp-2005.