Opinion

Lenard v. Shell Oil Co.

  • 211 La. 265
  • 29 So. 2d 844
  • 1947 La. LEXIS 755
Court
Supreme Court of Louisiana
Filed
Feb 10, 1947
Status
Published
On the bench
O'Niell, Hamiter
Cited by
19 cases

The opinion

On Application for Rehearing.

PER CURIAM.

In the plaintiff’s application for a rehearing it is urged that certain language in the opinion indicated or recognized that there could be two estates in property in Louisiana, one of land and one of minerals. The language objectionable to the applicant for rehearing is as follows:

“It appears that the error in the judgment appealed from is in the omission to observe that the ownership of the mineral rights in the 30 acres of land owned and possessed by the plaintiff had been

severed

from the ownership of the land itself, and hence that the mineral servitude was subject to possession and was in fact possessed by the owner thereof adversely to the owner of the 30 acres of land. * * * ” (Italics ours.)

By the use of the word “severed” we did not intend to say that two estates of corporeal property had been created. A reading of the opinion in its entirety shows that what we intended to say, and did say, is that the error in the judgment appealed from is in the omission to observe that the act creating the mineral servitude made possible two possessions of the property, i. e., the possession of the mineral servitude and the possession of the land itself, and hence that the mineral servitude was subject to possession and was in fact possessed by the owner thereof adversely to the owner of the 30 acres of land.

Rehearing denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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