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McCormick v. Harrison

926 So.2d 798 (2006)

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McCormick v. Harrison

Louisiana Court of Appeal

926 So.2d 798 (2006)

Facts

George McCormick (plaintiff) and Donald Harrison (defendant) owned parcels of land that had been owned by a common ancestor, the Ciavaglias. When the Ciavaglias transferred Harrison’s land to his predecessors, the Paynes, the Ciavaglias granted the Paynes the right to exercise horses on a horse track located on another part of the Ciavaglias’ land. This personal servitude specified that the Paynes must pay $100 per month for using the servitude but did not specify how or when the installments must be paid. When the Paynes transferred their land to Harrison, they also transferred their right to use the horse track. The parcel of land containing the horse track eventually came to be owned by McCormick. Harrison attempted to use the horse track after McCormick acquired the property. Harrison was able to use the track once but then was blocked from using it on two different occasions by McCormick’s agents. Harrison never paid the monthly installment to McCormick. McCormick sued Harrison, asking for a declaratory judgment that the servitude had been extinguished. The trail court held that the servitude was still in existence. McCormick appealed, claiming that the servitude had terminated because Harrison had failed to pay the monthly fee.

Rule of Law

Issue

Holding and Reasoning (Peatross, J.)

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