![]() The strip in question in this case is on the west side of the Double R property. Wildcat raised several defenses: Wildcat was entitled to rely on the public records doctrine to determine whom to pay for the right-of-way, and because Stephenson’s claim to the land was not recorded, it correctly paid Double R, not Stephenson The deed specifies that the strip sold without warranty is on the north side of the Double R property. Plaintiffs’ position at trial was that they, not Double R, were the owners of the three-acre strip where the pipeline was located. After discovery and an unsuccessful motion for summary judgment by defendants, the case went to trial in November 2015. Wildcat answered the petitions generally denying wrongdoing and urging that plaintiffs’ petition had only vaguely described the strip in question. Plaintiffs alleged that these actions amounted to the intentional destruction of evidence and sought additional damages for spoliation of evidence. The plaintiffs filed an amended petition alleging that after the first suit was filed, Wildcat caused the removal of additional timber and fencing from the plaintiffs’ property. In their petition, plaintiffs asked the court to grant them a permanent injunction ordering Wildcat to remove the pipeline from the plaintiffs’ property, money damages for removing the timber, and attorney fees. 1 “The parties acknowledge that a portion of the property herein is sold without any warranty whatsoever … that non-warrantied property being described as follows: “A strip of land one hundred (100′) feet wide across the North2 side of the Northeast Quarter (NE ¼) of the Northwest Quarter (NW ¼) Range 13 West, DeSoto Parish, Louisiana, containing three acres, more or less, and leaving 37 acres….” (emphasis added) and Prior to construction of the pipeline, Stephenson told Wildcat’s landman, Jason Dixon, that Stephenson was the owner and Dixon had originally negotiated with Stephenson, not Double R. The Roes acquired the property from a third person in 1993. Plaintiffs alleged that, despite what the public records show: they were the owners of a three-acre strip of land on the western side of the NE quarter of the NW quarter they owned this property by acquisitive prescription due to adverse possession of the property for more than 30 years Double R knew that it did not own this strip of land because the 1993 deed transferring the property to its predecessor in title contained the following language: Double R’s predecessors in title were Reggie and Susan Roe, who are the members of Double R. In November 2012, Stephenson filed suit against Wildcat. During construction of the pipeline, Wildcat cut the timber along the servitude. Because Double R was the record titleholder of that property, Wildcat negotiated with and bought a right-ofway agreement from Double R, not Stephenson. Wildcat ultimately constructed the pipeline, which ran north–south, down the western edge of the NE quarter of the NW quarter. In 2012, Wildcat informed both Stephenson and Double R that it desired to build a pipeline on a portion of the property. Double R acquired title to this property in 2008,1 and is not a party to this dispute. Double R Farms, LLC (“Double R”), is the record owner of the NE quarter of the NW quarter of the same Section. Plaintiffs are the record owners of the NW quarter of the NW quarter of Section 11, Township 14N, Range 7W in DeSoto Parish. (“Stevenson”), appeal from a judgment dismissing their action for injunctive relief and money damages against defendant, Wildcat Midstream Caddo LLC (“Wildcat”). Plaintiffs, William Lane Stephenson, III, et al. CARAWAY, J., dissents with written reasons. Smith Counsel for Appellee * **** Before CARAWAY, DREW and MOORE, JJ. Allyn Stroud Counsel for Appellant AYRES, SHELTON, WILLIAMS, BENSON & PAINE, LLC By: Lee H. 74,224 Honorable Robert Edward Burgess, Judge * **** WIENER, WEISS & MADISON By: John M. STEPHENSON, WILLIAM LANE STEPHENSON, IV, AND RANE STEPHENSON LALLIER Plaintiff-Appellant Versus WILDCAT MIDSTREAM CADDO, LLC Defendant-Appellee * **** Appealed from the Forty-Second Judicial District Court for the Parish of DeSoto, Louisiana Trial Court No. 50,982-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * **** WILLIAM LANE STEPHENSON, III, SALLY B. Application for rehearing may be filed within the delay allowed by Art.
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