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Burgas v. Stoutz

141 So. 67 (1932)

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Burgas v. Stoutz

Louisiana Supreme Court

141 So. 67 (1932)

Facts

Mrs. Pizzolata owned two adjacent lots in New Orleans, Lot A and Lot B. She sold Lot A to the Security Building and Loan Association, which immediately sold the lot to Morris Burgas (plaintiff). The deeds transferring the lot to the building and loan association and to Burgas both granted a right to the purchasers, successors, and assigns of the lot to use a driveway over Lot B to access Lot A. The recorded title to Lot A only mentioned purchasers in relation to the right of passage over the driveway, however. Burgas did in fact use the driveway over Lot B to access Lot A. Mrs. Pizzolata later sold Lot B, and it eventually became the property of Henry Stoutz (defendant). After Stoutz acquired the property, he informed Burgas that he intended to build a fence that would block Burgas’s use of the driveway. Burgas sued Stoutz, seeking an injunction preventing Stoutz from blocking the driveway. The lower court issued the injunction and recognized Burgas’s right to use the driveway. Stoutz appealed.

Rule of Law

Issue

Holding and Reasoning (Land, J.)

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