# Sessum v. Hemperley

> Supreme Court of Louisiana · June 26, 1957 · 233 La. 444

URL: https://www.frixlaw.com/law-library/cases/9669928

## Case

- **Full name:** William R. SESSUM v. Don C. HEMPERLEY Et Al.
- **Court:** Supreme Court of Louisiana
- **Decided:** June 26, 1957
- **Citations:** 233 La. 444; 96 So. 2d 832
- **Precedential status:** Published
- **Opinion:** Dissent by Ponder
- **Judges:** Simon, Ponder
- **Cited by:** 61 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9669928

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9669928. Public record. Not legal advice.