Coyle v. Horton

• Decision Date: 30 April 1937
• Docket Number: 5456-5460
• Citation: Coyle v. Horton, 174 So. 277 (La. App. 1937)
• Court: Court of Appeal of Louisiana
• Parties: COYLE v. HORTON and four other cases

174 So. 277

COYLE v. HORTON and four other cases

Nos. 5456-5460

Court of Appeal of Louisiana, Second Circuit.

April 30, 1937

Barskdale, Bullock, Warren, Clark & Van Hook, of Shreveport for appellant.

A. S Drew, of Minden, for appellee.

OPINION

HAMITER Judge.

Plaintiff instituted these suits, and also one entitled Sam P. D. Coyle v. North Central Texas Oil Company, Inc., for the purpose of obtaining the cancellation and erasure from the records of Webster parish, La., of certain mineral deeds standing in the names of the respective defendants and affecting the title to 60 acres of land owned by him.

In connection with the attacks, he asserted that all rights under the instruments had been lost by nonusage during ten years and specially pleaded the prescription of ten years' liberandi causa.Besides praying in his petitions for the cancellation of the several instruments, he asked to be awarded damages for attorney's fees.

Defendants urged primarily a suspension of prescription.

As the cases involved identical issues, they were consolidated for all purposes and tried.Judgments were rendered by the trial court in plaintiff's favor sustaining the pleas of prescription and ordering the erasure of the mineral deeds as prayed for.The demands for attorney's fees were rejected.

From the foregoing judgments, these appeals were prosecuted.The above-mentioned case of Sam P. D. Coyle v. North Central Texas Oil Company, Inc., involved an amount in excess of the jurisdictional limits of this tribunal and it was appealed to the Supreme Court.

A discussion by us of the issues presented by the appeals will serve no useful...