430 So. 2d 810 - Fontenot v. Marks’s Empirical Analysis

Citation profile

13 state decisions

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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The applicable law was set forth in LeBlanc v. LaBorde, 368 So.2d 1126 (La. App. 3rd Cir.1979) wherein this court stated: `[W]here there is a visible boundary and where there has been 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, then the party who possesses acquires the right to the land beyond their title. William T. Burton Industries, Inc. v. Wellman, 343 So.2d 996 (La.1977); Brookshire v. Guidry, 355 So.2d 559 (La.App. 3 Cir.1978). The requirements of these articles indicate that one must maintain an enclosure, such as a fence, around the property and exercise open, physical possession as owner for a continuous and uninterrupted period of thirty years. Martin Timber Company v. Taylor, 187 So.2d 196 (La.App. 3 Cir.1966). There must have been not only evidence of a corporeal possession of the property for the required period of time, but also a positive intent to possess as the owner shown by the possessor during the time. William T. Burton Industries, Inc. v. McDonald, 346 So.2d 1333 (La.App. 3 Cir.1977). Finally, the tacking of possession of all predecessors in title is permitted for acquisitive prescription beyond title to a visible boundary. Dubois v. Richard, 223 So.2d 198 (La.App. 3 Cir.1969).' We note that in a boundary action, the boundary's location is a question of fact to be determined by the trier of fact, ”

   4 later decisions quote this exact passage · from the majority
   e.g. 692 So. 2d 535 - Crowell Land & Mineral Corp. v. Funderburk · Cooper v. Farris

2. “(w)hen the boundary is fixed judicially court costs are taxed in accordance with the rules of the Code of Civil Procedure.”

   1 later decision quote this exact passage · from the majority
   e.g. 469 So. 2d 1102 - Phillips v. Parker