HAM v. STRENZKE REALTY CO.

No. 39601.

50 So.2d 11 (1950)

218 La. 499

HAM et al. v. STRENZKE REALTY CO., Inc., et al.

Supreme Court of Louisiana.

Rehearing Denied January 9, 1951.


Attorney(s) appearing for the Case

Ashton L. Stewart, J. St. Clair Favrot, Jr., Baton Rouge, for plaintiffs-appellants.

Scallan E. Walsh, Baton Rouge, for defendant-appellee.


LE BLANC, Justice.

This suit was initially instituted as one to try title to real estate as it was alleged that neither of the claimants to the land was in possession. Such a suit is provided for under Act 38 of 1908. It having appeared, however, by an exception, that the defendant-corporation was in actual possession of the property, plaintiffs, by way of supplemental pleadings, waived the form of proceeding they had adopted and converted it into a petitory action...

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