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Bond v. Green
Louisiana Court of Appeal
401 So. 2d 639 (1981)
George and Mildred Green (defendants) owned 55 acres of land in Louisiana. The Greens resided in a small, dilapidated house on one portion of the land, which had a smaller, dilapidated structure next to it. In 1966, the Greens sold the land but retained a usufruct for themselves over their house, the small building near it, and the yards around the buildings. Despite the Greens’ attempts at repairs, both of the buildings eventually became so decayed that they were unfit for habitation. The buildings were torn down in 1979. The Greens replaced the buildings with two mobile homes, lived in one of the homes, and let their daughter and son-in-law, J. B. and Freddie Powell, live in the other. In 1980, James and Ann Bond acquired the property from a bank without warranty of title. The Bonds filed suit to evict the Greens and the Powells from the property. The trial court entered judgment for the Greens, finding that the Greens held a usufruct over the property. The Bonds appealed, alleging that the usufruct had ended with the loss of the two original buildings from decay.
Rule of Law
Holding and Reasoning (Cutrer, J.)
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