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DEROUEN v. POIRIER

No. 406.

136 So.2d 131 (1961)

Emma LeBlanc DEROUEN, Plaintiff-Appellee, v. Fernest POIRIER, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 15, 1962.

Attorney(s) appearing for the Case

William E. Logan, Jr., and Pierre Olivier, Jr., Lafayette, for defendant-appellant.

Landry, Watkins, Cousin & Bonin, by Guyton H. Watkins, New Iberia, for plaintiff-appellee.

Wilbur Allain, Jeanerette, for defendants-appellees.

Adonis Derouen, in pro. per.

Before FRUGE, SAVOY and CULPEPPER, JJ.

FRUGE, Judge.

This suit was filed by plaintiff on November 21, 1957 under provisions of LSA.R.S. 13:5062 for the purpose of being adjudged the owner of a tract of land purportedly containing 35.40 acres. In her petition, plaintiff alleged that neither she nor the defendant was in possession of the land in dispute, but, in the event it was found that defendant was in possession, she asked, in the alternative, that suit be tried as a petitory action. Defendant excepted...

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