Opinion

Sessum v. Hemperley

  • 233 La. 444
  • 96 So. 2d 832
Court
Supreme Court of Louisiana
Filed
Jun 26, 1957
Status
Published
Author
Ponder
On the bench
Simon, Ponder
Cited by
61 cases

The opinion

PONDER, Justice

(dissenting).

I cannot agree with the majority in the conclusion that there existed a visible boundary, to-wit, a fence for thirty years as required by Article 852 of the LSA-Civil Code.

There is a conflict in the testimony as to whether or not the fence was maintained and the property actually possessed by the defendants during that period of time. The district judge was of the opinion that the fence was not maintained nor the property possessed during that time and I feel that he was in a better position to pass on the credibility of the conflicting testimony. Furthermore the evidence indisputably shows that the fence did not extend all the way between the properties of the parties litigant. Therefore I respectfully dissent.

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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