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12 Louisiana opinions name it 2 courts 1940–2025 3 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
McDaniel v. Roy O. Martin Lumber Co., Inc.green1 sentence2016Martin Lumber Co., Inc., 560 So.2d 676, 679 (La.App. 3rd Cir.1990) (“It is settled law that where there is conflict between the written description in a deed and an attached plat, the plat of survey will control and govern the conveyance.”). | 1 | 1 |
Sutton v. Montegutgreen1 sentence2016See Sutton, 570 So.2d at 486 (citing Prather, 327 So.2d at 133 ) (“[W]here there is an error or ambiguity with regard to a description in a deed, an attached map relating to the ambiguity or error will control.”); McDaniel v. Roy O. | 1 | 1 |
Prather v. Valiengreen1 sentence2016See Sutton, 570 So.2d at 486 (citing Prather, 327 So.2d at 133 ) (“[W]here there is an error or ambiguity with regard to a description in a deed, an attached map relating to the ambiguity or error will control.”); McDaniel v. Roy O. | 1 | 1 |
Sherwood v. Steingreen2 sentences1977Snell v. Stein, 261 La. 358 , 259 So.2d 876 at 878 (1972). 1977Snell v. Stein, 261 La. 358 , 259 So.2d 876 at 878 (1972). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Casso v. Ascension Realty Co.
green
2 sentences1971Where an ambiguity or error exists with regard to the description in a deed, an attached map or survey relating to the ambiguity or error will control, Casso v. Ascension Realty Co., 195 La. 1 , 196 So. 1 . 1971Where an ambiguity or error exists with regard to the description in a deed, an attached map or survey relating to the ambiguity or error will control, Casso v. Ascension Realty Co., 195 La. 1 , 196 So. 1 . | 3 | 1971–2001 |
Bourgeois v. AP Green Industries, Inc.
green
2 sentences2025However, after the judicial branch performs its constitutional functions of interpreting a law, and the Legislature disagrees with that interpretation, a new legislative enactment is a substantive change in the law and is not an interpretative law, because the original law as interpreted by the judicial branch, no longer applies. 2000-1528, 783 So.2d at 1261 . 2025However, after the judicial branch performs its constitutional functions of interpreting a law, and the Legislature disagrees with that interpretation, a new legislative enactment is a substantive change in the law and is not an interpretative law, because the original law as interpreted by the judicial branch, no longer applies. 2000-1528, 783 So.2d at 1261 . | 2 | 2025–2025 |
Eves v. Morgan City Fund
green
2 sentences2001Eves v. Morgan City Fund, 252 So.2d 770 (La.App. 1st Cir. 1971), recognized the separate rules: Where an ambiguity or error exists with regard to the description in a deed, an attached map or survey relating to the ambiguity or error will control. 1976Eves v. The Morgan City Fund and Shell Oil Co., 252 So.2d 770 (La.App.1st Cir. 1971). | 2 | 1976–2001 |
Lange v. Waters
green
2 sentences1958The fact that an exception is void for uncertainty has the effect merely to make the conveyance operative as to the whole tract, although it has been held that this rule does not apply where there is but a single description which is intended to describe the land conveyed. * * * An exception of a certain number of acres out of the corner of a square tract is sufficiently definite.’ “See, also, 27 R.C.L. 317 and Lange v. Waters, 156 Cal. 142 , 103 P. 889 , 19 Ann. 1958The fact that an exception is void for uncertainty has the effect merely to make the conveyance operative as to the whole tract, although it has been held that this rule does not apply where there is but a single description which is intended to describe the land conveyed. * * * An exception of a certain number of acres out of the corner of a square tract is sufficiently definite.’ “See, also, 27 R.C.L. 317 and Lange v. Waters, 156 Cal. 142 , 103 P. 889 , 19 Ann. | 2 | 1940–1958 |
Mendonca v. Tidewater, Inc.
green
1 sentence2022App. 4 Cir. 8/10/11), 82 So.3d 294, 296 , writ denied, 11-2336 (La. 12/2/11), 76 So.3d 1179 , and the mandated application of the ambiguity principle as construed against insurance companies and in favor of policyholders pursuant to the rules of contractual interpretation in the Louisiana Civil Code.1 I write only to further the discussion of Widder and the application of its expanded interpretation of the term “physical” in contractual insurance settings 1 See, e.g., La. | 1 | 2022–2022 |
Widder v. Louisiana Citizens Property Insurance Corp.
green
1 sentence2022App. 4 Cir. 8/10/11), 82 So.3d 294, 296 , writ denied, 11-2336 (La. 12/2/11), 76 So.3d 1179 , and the mandated application of the ambiguity principle as construed against insurance companies and in favor of policyholders pursuant to the rules of contractual interpretation in the Louisiana Civil Code.1 I write only to further the discussion of Widder and the application of its expanded interpretation of the term “physical” in contractual insurance settings 1 See, e.g., La. | 1 | 2022–2022 |
Cragin v. Powell
green
2 sentences1990Id. “[W]hen lands are granted according to an official plat of the survey of such lands, the plat itself, with all its notes, lines, descriptions, and land-marks, becomes as much a part of the grant or deed by which they are conveyed, and controls, so far as limits are concerned, as if such descriptive features were written out upon the face of the deed or the grant itself.” Cragin v. Powell, 128 U.S. 691, 696 , 9 S.Ct. 203, 205 , 32 L.Ed. 566 (1888). 1990Id. “[W]hen lands are granted according to an official plat of the survey of such lands, the plat itself, with all its notes, lines, descriptions, and land-marks, becomes as much a part of the grant or deed by which they are conveyed, and controls, so far as limits are concerned, as if such descriptive features were written out upon the face of the deed or the grant itself.” Cragin v. Powell, 128 U.S. 691, 696 , 9 S.Ct. 203, 205 , 32 L.Ed. 566 (1888). | 1 | 1990–1990 |
Prather v. Valien
neutral
1 sentence1990Id. “[W]hen lands are granted according to an official plat of the survey of such lands, the plat itself, with all its notes, lines, descriptions, and land-marks, becomes as much a part of the grant or deed by which they are conveyed, and controls, so far as limits are concerned, as if such descriptive features were written out upon the face of the deed or the grant itself.” Cragin v. Powell, 128 U.S. 691, 696 , 9 S.Ct. 203, 205 , 32 L.Ed. 566 (1888). | 1 | 1990–1990 |
Berry v. Aetna Casualty & Surety Company
green
1 sentence1977Berry v. Aetna Casualty & Surety Company, La.App., 240 So.2d 243 , writ refused, 256 La. 914 , 240 So.2d 374 , appeal dismissed, certiorari denied, 401 U.S. 1005 , 91 S.Ct. 1255 , 28 L.Ed.2d 541 ; Rankin v. New York Life Insurance Company, La.App., 240 So.2d 758 , writ refused 257 La. 276 , 242 So.2d 247 ; Simmons v. American National Insurance Company, La.App., 199 So.2d 421 ; Wilks v. Allstate Insurance Company et al, La.App., 195 So.2d 390 ." When there is an ambiguity in a clause of an insurance contract the policy provisions are construed most favorably to the insured and against the insu | 1 | 1977–1977 |
Rankin v. New York Life Insurance Company
green
1 sentence1977Berry v. Aetna Casualty & Surety Company, La.App., 240 So.2d 243 , writ refused, 256 La. 914 , 240 So.2d 374 , appeal dismissed, certiorari denied, 401 U.S. 1005 , 91 S.Ct. 1255 , 28 L.Ed.2d 541 ; Rankin v. New York Life Insurance Company, La.App., 240 So.2d 758 , writ refused 257 La. 276 , 242 So.2d 247 ; Simmons v. American National Insurance Company, La.App., 199 So.2d 421 ; Wilks v. Allstate Insurance Company et al, La.App., 195 So.2d 390 ." When there is an ambiguity in a clause of an insurance contract the policy provisions are construed most favorably to the insured and against the insu | 1 | 1977–1977 |
Simmons v. American National Insurance Company
green
1 sentence1977Berry v. Aetna Casualty & Surety Company, La.App., 240 So.2d 243 , writ refused, 256 La. 914 , 240 So.2d 374 , appeal dismissed, certiorari denied, 401 U.S. 1005 , 91 S.Ct. 1255 , 28 L.Ed.2d 541 ; Rankin v. New York Life Insurance Company, La.App., 240 So.2d 758 , writ refused 257 La. 276 , 242 So.2d 247 ; Simmons v. American National Insurance Company, La.App., 199 So.2d 421 ; Wilks v. Allstate Insurance Company et al, La.App., 195 So.2d 390 ." When there is an ambiguity in a clause of an insurance contract the policy provisions are construed most favorably to the insured and against the insu | 1 | 1977–1977 |
Berry v. Aetna Casualty & Surety Co.
green
1 sentence1977Berry v. Aetna Casualty & Surety Company, La.App., 240 So.2d 243 , writ refused, 256 La. 914 , 240 So.2d 374 , appeal dismissed, certiorari denied, 401 U.S. 1005 , 91 S.Ct. 1255 , 28 L.Ed.2d 541 ; Rankin v. New York Life Insurance Company, La.App., 240 So.2d 758 , writ refused 257 La. 276 , 242 So.2d 247 ; Simmons v. American National Insurance Company, La.App., 199 So.2d 421 ; Wilks v. Allstate Insurance Company et al, La.App., 195 So.2d 390 ." When there is an ambiguity in a clause of an insurance contract the policy provisions are construed most favorably to the insured and against the insu | 1 | 1977–1977 |
State v. McElroy
neutral
1 sentence1977Berry v. Aetna Casualty & Surety Company, La.App., 240 So.2d 243 , writ refused, 256 La. 914 , 240 So.2d 374 , appeal dismissed, certiorari denied, 401 U.S. 1005 , 91 S.Ct. 1255 , 28 L.Ed.2d 541 ; Rankin v. New York Life Insurance Company, La.App., 240 So.2d 758 , writ refused 257 La. 276 , 242 So.2d 247 ; Simmons v. American National Insurance Company, La.App., 199 So.2d 421 ; Wilks v. Allstate Insurance Company et al, La.App., 195 So.2d 390 ." When there is an ambiguity in a clause of an insurance contract the policy provisions are construed most favorably to the insured and against the insu | 1 | 1977–1977 |
Deville v. Travelers Insurance
neutral
1 sentence1977Berry v. Aetna Casualty & Surety Company, La.App., 240 So.2d 243 , writ refused, 256 La. 914 , 240 So.2d 374 , appeal dismissed, certiorari denied, 401 U.S. 1005 , 91 S.Ct. 1255 , 28 L.Ed.2d 541 ; Rankin v. New York Life Insurance Company, La.App., 240 So.2d 758 , writ refused 257 La. 276 , 242 So.2d 247 ; Simmons v. American National Insurance Company, La.App., 199 So.2d 421 ; Wilks v. Allstate Insurance Company et al, La.App., 195 So.2d 390 ." When there is an ambiguity in a clause of an insurance contract the policy provisions are construed most favorably to the insured and against the insu | 1 | 1977–1977 |
Sewerage & Water Board v. Sanders
green
1 sentence1977Berry v. Aetna Casualty & Surety Company, La.App., 240 So.2d 243 , writ refused, 256 La. 914 , 240 So.2d 374 , appeal dismissed, certiorari denied, 401 U.S. 1005 , 91 S.Ct. 1255 , 28 L.Ed.2d 541 ; Rankin v. New York Life Insurance Company, La.App., 240 So.2d 758 , writ refused 257 La. 276 , 242 So.2d 247 ; Simmons v. American National Insurance Company, La.App., 199 So.2d 421 ; Wilks v. Allstate Insurance Company et al, La.App., 195 So.2d 390 ." When there is an ambiguity in a clause of an insurance contract the policy provisions are construed most favorably to the insured and against the insu | 1 | 1977–1977 |
Wilks v. Allstate Insurance Company
green
1 sentence1977Berry v. Aetna Casualty & Surety Company, La.App., 240 So.2d 243 , writ refused, 256 La. 914 , 240 So.2d 374 , appeal dismissed, certiorari denied, 401 U.S. 1005 , 91 S.Ct. 1255 , 28 L.Ed.2d 541 ; Rankin v. New York Life Insurance Company, La.App., 240 So.2d 758 , writ refused 257 La. 276 , 242 So.2d 247 ; Simmons v. American National Insurance Company, La.App., 199 So.2d 421 ; Wilks v. Allstate Insurance Company et al, La.App., 195 So.2d 390 ." When there is an ambiguity in a clause of an insurance contract the policy provisions are construed most favorably to the insured and against the insu | 1 | 1977–1977 |
Shipyard Drive-In Theatre, Inc. v. Scuncio
green
1 sentence1977Berry v. Aetna Casualty & Surety Company, La.App., 240 So.2d 243 , writ refused, 256 La. 914 , 240 So.2d 374 , appeal dismissed, certiorari denied, 401 U.S. 1005 , 91 S.Ct. 1255 , 28 L.Ed.2d 541 ; Rankin v. New York Life Insurance Company, La.App., 240 So.2d 758 , writ refused 257 La. 276 , 242 So.2d 247 ; Simmons v. American National Insurance Company, La.App., 199 So.2d 421 ; Wilks v. Allstate Insurance Company et al, La.App., 195 So.2d 390 ." When there is an ambiguity in a clause of an insurance contract the policy provisions are construed most favorably to the insured and against the insu | 1 | 1977–1977 |
Berry v. Aetna Casualty & Surety Co.
green
2 sentences1977Berry v. Aetna Casualty & Surety Company, La.App., 240 So.2d 243 , writ refused, 256 La. 914 , 240 So.2d 374 , appeal dismissed, certiorari denied, 401 U.S. 1005 , 91 S.Ct. 1255 , 28 L.Ed.2d 541 ; Rankin v. New York Life Insurance Company, La.App., 240 So.2d 758 , writ refused 257 La. 276 , 242 So.2d 247 ; Simmons v. American National Insurance Company, La.App., 199 So.2d 421 ; Wilks v. Allstate Insurance Company et al, La.App., 195 So.2d 390 ." When there is an ambiguity in a clause of an insurance contract the policy provisions are construed most favorably to the insured and against the insu 1977Berry v. Aetna Casualty & Surety Company, La.App., 240 So.2d 243 , writ refused, 256 La. 914 , 240 So.2d 374 , appeal dismissed, certiorari denied, 401 U.S. 1005 , 91 S.Ct. 1255 , 28 L.Ed.2d 541 ; Rankin v. New York Life Insurance Company, La.App., 240 So.2d 758 , writ refused 257 La. 276 , 242 So.2d 247 ; Simmons v. American National Insurance Company, La.App., 199 So.2d 421 ; Wilks v. Allstate Insurance Company et al, La.App., 195 So.2d 390 ." When there is an ambiguity in a clause of an insurance contract the policy provisions are construed most favorably to the insured and against the insu | 1 | 1977–1977 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.