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Breaux v. Cozy Cottages, LLC

Court of Appeals of Louisiana, Third Circuit

November 12, 2014

SAMUEL R. BREAUX, II
v.
COZY COTTAGES, LLC

APPEAL FROM THE THIRTY-EIGHTH JUDICIAL DISTRICT COURT PARISH OF CAMERON, NO. 10-18336 HONORABLE PENELOPE QUINN RICHARD, DISTRICT JUDGE

James M. Garner Elwood Francis Xavier Cahill, Jr. John T. Balhoff, II Paul R. Trapani, III Sher Garner Cahill Richter Klein & Hilbert L.L.C. COUNSEL FOR DEFENDANT APPLICANT: Chicago Title Insurance Company

David Frank Dwight Stephen C. Dwight COUNSEL FOR DEFENDANT RESPONDENT: Cozy Cottages, L.L.C.

Claude P. Devall J. Lee Hoffoss, Jr. Donald Wayne McKnight Hoffoss Devall, L.L.C. COUNSEL FOR DEFENDANT RESPONDENT Cozy Cottages, L.L.C.

Hon. Cecil R. Sanner COUNSEL FOR RESPONDENT Richard Abshire, Richcore, Inc., Jessica Abshire

Charles Schrumpf Law Offices of Oliver and Charles Schrumpf, P.L.C. COUNSEL FOR PLAINTIFF RESPONDENT Samuel R. Breaux, II

Dennis R. Sumpter COUNSEL FOR RESPONDENT Dennis R. Sumpter

James Huey Gibson, Allen & Gooch COUNSEL FOR RESPONDENT: Charles K. Watts, Seale, Smith, Zuber & Barnette Lawrence R. Anderson, Jr.

Court composed of John D. Saunders, Billy Howard Ezell, and Phyllis M. Keaty, Judges.

JOHN D. SAUNDERS JUDGE

This is a case involving a dispute over title to immovable property located in Cameron Parish, Louisiana. Two parties claim title to the same tract of land from two separate chains of title. Samuel R. Breaux, II (hereafter "Plaintiff") filed suit for declaratory judgment against Cozy Cottages, LLC (hereafter "Cozy Cottages), seeking recognition of his right of ownership.

FACTS AND PROCEDURAL HISTORY

This case revolves around a title dispute over Lot 8, located in the Edmond Doiron Subdivision in Cameron Parish (hereafter "the property"). Lot 8 of the Edmond Dorion Subdivision in Cameron Parish came into being in 1883 when Edmond Dorion's children partitioned his property. His son, Edward Doiron, received Lot 8. Edward Doiron had ten children. One of them was Antoine Doiron. Antoine Doiron had no children, but was married to Mary Viola Doiron, who had a son, Lawrence Marsh.

Antoine Doiron died testate in 1952. His testament, executed on March 31, 1949, provided that his wife, Mary Viola Doiron, be given "use, enjoyment, rents, royalties, and income of and from all lands owned by me, or in which I may have an interest, in Cameron Parish, Louisiana, to have and to hold the same for her and during her natural life." The next paragraph of the testament provided that the "reversion and remainder of my lands above mentioned, from and after the decease [sic] of my said wife, to my brothers and sisters, in fee simple, share and share alike." A judgment of possession was signed on November 15, 1952, which decreed that Antoine Doiron's wife, Mary Viola Doiron, be "sent into possession, as owner, of the use and usufruct, and all emoluments, issuing and emanating from the rent, royalties, and incomes from that certain property, left by the deceased in Cameron Parish, Louisiana." Then, the property is described. Finally, the next paragraph orders that Antoine Doiron's widow "be sent into possession, as owner, of the above estate, free and clear of any inheritance tax."

Antoine Doiron's wife, Mary Viola Doiron, died in 1983. In 1988 and 1989, the Cameron Parish Tax Assessor's office sent notices of a tax sale in the name of the Viola Doiron Estate. It is undisputed that the notices were sent through Lawrence ...


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