Opinion

Brown v. Mayfield

  • 61 So. 2d 248
  • 1952 La. App. LEXIS 714
Court
Louisiana Court of Appeal
Filed
Oct 31, 1952
Status
Published
Author
McInnis
On the bench
McInnis
Cited by
3 cases
Authority
More cited than 74.9%

The opinion

McINNIS, Judge.

This is a suit for a declaratory judgment in plaintiffs’ favor decreeing them to be the owners of % interest in the oil, gas and other minerals underlying certain lands in-, the Haynesville field in Claiborne Parish.

Judgment was rendered and signed in the district court in favor of plaintiffs.

Defendant appeals suspensively and de-volutively to this court.

The record is bare of any proof, of the-value of the mineral interest. in contest. In the minutes of court is incorporated! the following stipulation: “It is stipulated, by counsel for -both plaintiffs and defendant that the property involved in this suit is. worth more than $100.00 but less- than: $2,000.00.”

Our appreciation of the law is that jurisdiction for purposes of appeal cannot be-conferred by agreement of the parties. Martin v. Carroll, 220 La. 481 , 56 So.2d 843 ; Tucker v. Woodside, 218 La. 708 , 50 So.2d 814 and cases cited.

For these reasons this cause is remanded to the district court for the purpose of taking evidence as to the value of the mineral interest in contest. Costs of this appeal to be equally divided between plaintiffs and defendant, taxing other costs to-await final determination of the controversy.

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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