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← 144 SO2D 747 - Stanford v. Robertson

Stanford v. Robertson’s Empirical Analysis

1962

Citation profile

16
cited by 16 later decisions
1
states following
May 2009
most recently cited

16 state decisions

How this case has been cited

Cited by 16 later decisions — most recently May 2009

16 state decisions

7019621970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Opdenwyer v. Brown · Sessum v. Hemperley · Stutson v. McGee · 11 So. 2d 230 - Henly v. Kask · Nelken v. Aldredge

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Clearly, the now well-established rule, as a result of our codal provisions and the cited authorities, is that where there is a visible boundary which has been in existence for thirty years or more and the defendant in a boundary action and his predecessors in title have, in addition to the land described in the title, actually possessed land extending to that visible boundary, a plea of pre scription of thirty years should be sustained. It is our view that for the rule to be applicable two conditions must concur : First, there must be a visible boundary, artificial or otherwise; second, there must be actual uninterrupted possession, either in person or through ancestors in title, for thirty years or more of the land extending beyond that described in the title and embraced within the visible bounds. * * * ””
    4 later decisions quote this exact passage
  2. “"Under LSA-C.C. art. 3499, the possession of the predecessors in title cannot be added to that of the present possessor, unless the title of the present possessor includes the property in dispute, else there is no privity of estate such as is necessary to make up the thirty years adverse possession "as owner ". On the other hand, under LSA-C.C. Art. 852, the tacking of successive possessions up to the established visible bound between two estates is permitted, whether or not the land in dispute is included within the title description of the party pleading prescriptive title under this article." (Citations omitted).”
    4 later decisions quote this exact passage
  3. “The defendants pleaded several prescriptions in bar of the plaintiff Stanford's claim to property possessed by them north of the fence line. Most pertinently to this discussion, included among those pleaded is what the defendants describe as the pleas of thirty years' acquisitive prescription provided both by LSA-C.C. art. 852 and by LSA-C.C. Art. 3499. See Tr. 28, 32 and 35. (Despite suggestions to the contrary in the earlier jurisprudence, it is now well settled that the boundary prescription provided by LSA-C.C. Art. 852 may be pleaded not only in boundary actions, but also in petitory actions. See Nelken v. Aldredge, La.App., 3 Cir., 128 So.2d 843 , and cases cited therein. See also: Mills v. Butler, La. App., 1 Cir., 131 So.2d 262 , and 22 La.L. Rev. 727, 741-742, 1962.)”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.