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MOTT v. CLEMONS BROTHERS LUMBER CO.

No. 8305.

247 So.2d 148 (1971)

Mrs. Agnes M. MOTT, Plaintiff-Appellant, v. CLEMONS BROTHERS LUMBER CO., Inc., George W. Smith, et al., Defendants-Appellees.

Court of Appeal of Louisiana, First Circuit.

April 19, 1971.

Attorney(s) appearing for the Case

Fred C. Jackson, and Stephen C. Dart, of Kilbourne, Dart & Jackson, St. Francisville, for plaintiff-appellant.

Leon Picou, and Ben Vega, of Picou & Vega, St. Francisville, Edwin C. Schilling, Jr., of Schilling & Simpson, Amite, for defendants-appellees.

Before LOTTINGER, SARTAIN and TUCKER, JJ.

SARTAIN, Judge.

This is a possessory action brought by Mrs. Agnes Mott for alleged wrongful timber cutting on her property. After a trial on the merits, the lower court dismissed her suit based on an exception of prescription raised by the defendants. Judgment was signed on June 25, 1970, and the plaintiff did not apply for a new trial. On July 2, 1970 plaintiff filed a petition for a devolutive appeal. On July 7, 1970 the trial judge granted petitioner a devolutive...

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