Sutton v. Montegut

570 So. 2d 481, 1990 La. App. LEXIS 2644, 1990 WL 180756
CourtLouisiana Court of Appeal
DecidedNovember 14, 1990
DocketNo. 90-CA-376
StatusPublished
Cited by1 cases

This text of 570 So. 2d 481 (Sutton v. Montegut) 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
Sutton v. Montegut, 570 So. 2d 481, 1990 La. App. LEXIS 2644, 1990 WL 180756 (La. Ct. App. 1990).

Opinion

CHEHARDY, Chief Judge.

This petitory action comes before us for decision on the merits, following our earlier remand of the matter for the joinder of indispensable parties and presentation of evidence concerning their interests. Sutton v. Montegut, 544 So.2d 1181 (La.App. 5 Cir.1989), amended and reinstated on rehearing, 544 So.2d 1183 (La.App. 5 Cir. 1989). The following statement of the facts of the case is taken verbatim from our prior opinion.

“In this petitory action, the plaintiff-appellant seeks to prove her title to a piece of land known as Lot 3-A of the Division of Elvina Plantation and to have the defendant-appellee’s title to that property erased from the parish mortgage and conveyance records. * * *
“Plaintiff, Marjorie Montegut Sutton, and her brothers, John 0. Montegut and Criswell R. Montegut, are co-owners in indivisión of portions of the tract formerly known as Elvina Plantation, located in St. John the Baptist Parish, Louisiana. They acquired the land by donations from their father, J.O. Montegut, and their uncle, Walton J. Montegut.
“The Elvina Plantation was formerly owned by the appellant’s grandparents, [483]*483C.F. Montegut and Elvina Haydel Monte-gut. J.O. Montegut and his six siblings inherited equal undivided interests in the Elvina Plantation following their parents’ deaths.
“By act of partition recorded on September 7, 1962, the land was divided among the siblings in accordance with a map known as Alternate Plan # 2 for Division of Elvina Plantation by Landry Engineering Company, dated May 15, 1959, revised 7/20/59, 6/6/61 and 7/20/61. Under the plan the plantation was divided into twelve lots, which were grouped into seven parcels of land, each parcel totaling 93.328 acres. The property thus acquired by Walton Montegut is designated on the Landry map and in the act of partition as Lots Three (3) and Three-A (3-A).
“On October 3, 1972, by act of donation inter vivos recorded on October 5, 1972, Walton J. Montegut transferred to John 0. Montegut, Jr., Criswell R. Mon-tegut, and Marjorie Montegut, wife of Alphonse Sutton, land designated in the act as Lot No. Three (3). The property description in the 1972 act of donation varied in several important particulars from the description of Walton Monte-gut’s property in the 1962 act of partition.
“The defendant, Minette Millet Monte-gut, is the wife of Criswell R. Montegut. She claims ownership of the parcel of land made the basis of this suit under an act of sale dated August 5, 1982 from Walton J. Montegut to Minette Millet Montegut, which was not recorded until January 4, 1985, after Walton Montegut died. In that act of sale, the property transferred is designated as Lot Number Three-A (3-A). The property description in the 1982 act of sale also varies from the description in the 1962 act of partition.
“As a result, in December 1987 Marjorie Montegut Sutton filed this suit for recognition of ownership of immovable property. She asserted that the 1972 donation intervivos transferred to plaintiff and her brothers 93.328 acres of land, including both Lot 3 and Lot 3-A of the Division of Elvina Plantation, and that defendant Minette Millet Montegut is unlawfully claiming ownership of Lot 3-A. * * ⅜
“Following trial in May 19,88, judgment was rendered on June 21, 1988, dismissing plaintiff’s demand at her cost. Plaintiff appealed. ⅜ * * ”

544 So.2d at 1182-1183.

In our prior opinion we decided we could not address the merits of the case because John and Criswell Montegut were undivided co-owners who had not been made parties to the suit. Accordingly, we vacated the judgment and remanded the matter to the district court for joinder of the plaintiff’s co-owners and trial as to their interests only. Sutton v. Montegut, supra, on rehearing.

On the remand, John and Criswell Monte-gut filed a joint answer denying they had any interest in Lot 3-A of the Division of Elvina Plantation. They prayed that the plaintiff’s suit be dismissed, but asserted, “[I]n the alternative should this court find Lot 3(A) to be a part of Lot 3, which is denied, that their ownership be recognized together with any other equitable relief appropriate.”

Thereafter the trial court rendered judgment as in the first suit, recognizing Min-nette Montegut to be the owner of Lot 3-A and dismissing Marjorie Sutton’s claims against Minnette Montegut, and also against John and Criswell Montegut. Mrs. Sutton has appealed.

On this appeal she asserts the following were errors by the trial court:

(1) Recognizing the defendant as owner of the three-foot-wide strip of land for sidewalk adjoining Jefferson Highway;

(2) Failing to find that the plaintiff proved not only her title to Lot 3-A but also better title to it than the defendant;

(3) Failing to require John Montegut Jr. and Criswell Montegut to present evidence to support their position, which would have allowed the plaintiff to cross-examine them and to present rebuttal evidence.

[484]*484The property allocated to Walton Monte-gut in the 1962 partition is described in the act as follows:

“LOTS THREE (3) AND THREE-A (3-A) WALTON J. MONTEGUT TWO (2) CERTAIN LOTS OF GROUND, together with all the buildings and improvements thereon and all the rights, ways, privileges, servitudes and advantages thereunto belonging or in anywise appertaining, situated in Section 29, and 62, Til S; R7E, and Section 62, T11S, R8E, in the Parish of St. John the Baptist, East of the Mississippi River at La-Place, Louisiana, and more particularly designated on the Alternate Plan No. 2 for the Division of Elvina Plantation, made by Landry Engineering Company, certified by S.E Landry, C.E., dated May 15, 1959, revised 7/20/59, 6/6/61, and 7/20/61, and is designated on said plan as LOT NO. THREE (3) and THREE-A (3-A), of the DIVISION OF ELVINA PLANTATION, and according thereto, said LOT NO. THREE (3), commences 535.56 feet from- the upper or north boundary of the Elvina Plantation, being the division line between Lot 2 and 3 and a 50 foot private cross road, the place of beginning, and thence measures 247.79 feet in width and front on said 50 foot cross road by a depth on its north sideline N 68 degrees 52" 03"' East 13,-393.03 feet and a depth on its south sideline N 69 degrees 19" 40"' East 13,-329.72 feet and having a width in the rear of 359.99 feet, which lot of ground contains 89.508 acres, all in accordance with the plan of Landry Engineering Company, certified by S.K. Landry, C.E., dated May 15, 1959, revised 7/20/59; 6/6/61; and 7/20/61.
LOT THREE-A (3-A) contains 3.820 acres all in accordance with the plan of survey of Landry Engineering Company,

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Bluebook (online)
570 So. 2d 481, 1990 La. App. LEXIS 2644, 1990 WL 180756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sutton-v-montegut-lactapp-1990.