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Morein v. Acme Land Co.

Court of Appeals of Louisiana, Third Circuit

June 3, 2015

TODD MOREIN, ET UX.
v.
ACME LAND COMPANY

Page 1228

APPEAL FROM THE THIRTEENTH JUDICIAL DISTRICT COURT, PARISH OF EVANGELINE, NO. 74301-A. HONORABLE J. LARRY VIDRINE, DISTRICT JUDGE.

Mark E. Van Horn, Tracy M. DeGruy, Taggart, Morton, L.L.C., New Orleans, LA, COUNSEL FOR DEFENDANT/PLAINTIFF-IN-RECONVENTION/APPELLANT: Acme Land Company.

C. Brent Coreil, Ville Platte, LA, COUNSEL FOR PLAINTIFFS/DEFENDANTS-IN-RECONVENTION/APPELLEES: Todd Morein, Sandra Stagg Morein, Universal Communications, Inc.

Andrew C. Kolb, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Baton Rouge, LA, COUNSEL FOR THIRD-PARTY DEFENDANT/APPELLEE: Cell Tower Lease Acquisitions, LLC.

David J. Hemken, Cook, Yancey, King & Galloway, APLC, Shreveport, LA, COUNSEL FOR THIRD-PARTY DEFENDANT/APPELLEE: Global Tower, L.L.C.

Court composed of Jimmie C. Peters, John E. Conery, and David Kent Savoie, Judges. Conery, J., concurs in the result.

OPINION

Page 1229

[15-135 La.App. 3 Cir. 1] JIMMIE C. PETERS, J.

Acme Land Company, appeals the trial court's grant of summary judgment recognizing Todd Morein and Sandra Stagg Morein as owners of a disputed tract of immovable property in Evangeline Parish, Louisiana, based on ten years acquisitive prescription. For the following reasons, we reverse the grant of summary judgment in favor of the Moreins, render judgment granting the motion for partial summary judgment in favor of Acme Land Company, vacate the judgment denying Acme Land Company a right of way across the Moreins' immovable property, and remand this matter to the trial court for further proceedings.

DISCUSSION OF THE RECORD

This litigation involves a dispute over the title to twenty-one arpents (eighteen acres) in a twenty-seven arpent (twenty-three acre)[1] tract of immovable property situated partially in Section 49, Township 3 South, Range 2 East, and partially in Section 104, Township 3 South, Range 3 East, Evangeline Parish, Louisiana. Acme Land Company (Acme) purchased the full twenty-seven arpents on January 11, 1910. The cash sale deed wherein Acme acquired ownership of the full twenty-seven arpents describes it and other immovable property purchased at the same time as follows (with the twenty-seven arpent tract being set out in italics):

A certain tract of prairie land situated at Grand Prairie in St. Landry Parish, containing thirty (30) arpents, bounded on the North by E.J. Conway, South by Public Road, East by E.J. Conway and West by Public Road. (a) Another tract of prairie land, situated as the above, and containing sixty-eight (68) arpents, bounded on the North by tract (c) hereinafter described, on the South by Edward Daire, on the East by tract (b) hereinafter described and on the West by John Elie.
[15-135 La.App. 3 Cir. 2] (b) Another tract of prairie land containing twenty-seven (27) arpents, situated as the above, and bounded on the North and South by Jean Bte. F. Fontenot, on the East by Mde. Hildevert ...

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