Plaisance v. Collins’s Empirical Analysis
1978
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently December 1994
16 state decisions
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 Canter v. Koehring Company · Hill v. Richey · Leader Realty Co. v. Taylor · 319 So. 2d 766 - Liner v. Louisiana Land and Exploration Co. · Dyson v. Gulf Modular Corp.
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.
“"Possession necessary to maintain a possessory action must be either corporeal possession, or civil possession preceded by the possessor or his ancestors in title. LSA-C.C.P. art. 3660; Liner v. Louisiana Land and Exploration Company, [ 319 So.2d 766 , La. (1975) ]; Gaulter v. Gennaro, [ 345 So.2d 92 (La.App. 1st 1977)]. The possessor must possess as owner, or be `one who possesses for himself', as the Code of Civil Procedure, Article 3656, expresses it. See Grant Timber and Manufacturing Company v. Gray, 131 La. 865 , 60 So. 374 (1912). See also Louisiana Materials Company, Inc. v. Cronvich, 258 La. 1039 , 249 So.2d 123 (1971)." (Emphasis supplied and citations added.) The possession required to bring a possessory action is considered as the same possession required to commence the running of acquisitive prescription. Norton v. Addie, 337 So.2d 432 (La. 1976); Liner v. Louisiana Land and Exploration Company, supra . Thus, the Civil Code approach to "possession" is found in LSA-C.C. arts. 3426 and 3438 (Possession is the detention or enjoyment of a thing which a possessor exercises himself or through another person who exercises it in the possessor's behalf); LSA-C.C. art. 3427 (The two different kinds of possession are natural and civil); LSA-C.C. arts. 3428 and 3430 (Natural possession is corporeal detention, such as occupying a house or cultivating ground); LSA-C.C arts. 3429 and 3431 (Civil possession is legal detention by virtue of title and with intent to possess as own”
3 later decisions quote this exact passage · from the majority“"The elements and characteristics of the possession necessary to maintain a possessory action vary with the nature of the property and other attending relevant circumstances. Gaulter v. Gennaro, 345 So.2d 92 (La.App. 1st Cir.1977). What constitutes possession in any case is a question of fact and each case must rest upon its own peculiar circumstances. Certainly, the landowner can only exercise over his land such possession as is practical and is reasonably contemplated from the nature of the property. Thus, the acts which must be shown to establish possession are governed to a large extent by the use to which the land is destined or for which it is suitable. The type of possession essential to maintain a possessory action for one kind of property may differ from that required for another. Obviously, the possession requisite in the case of farm land is more than in the case of wood land; and, more possession is required in the case of wood land than in the case of swamp or marsh land. Liner v. Louisiana Land and Exploration Company, 319 So.2d 766 (La.1975). That there may be possession of swamp or marsh land can not be questioned. The possession of marsh land contemplated by law is that which is commensurate with its nature, its chief value, and by the extent of the operations conducted thereon which the character of the soil and surroundings may reasonably permit. Hill v. Richey, 221 La. 402 , 59 So.2d 434 (1952)."”
2 later decisions 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.