BAGBY v. CLAUSE

No. 8249.

251 So.2d 172 (1971)

Logan H. BAGBY, Jr., et al. v. Clarence H. CLAUSE et al.

Court of Appeal of Louisiana, First Circuit.

On Rehearing June 30, 1971.

Writ Refused October 1, 1971.


Attorney(s) appearing for the Case

John L. Lanier of Pugh, Lanier & Pugh, Thibodaux, for appellants.

Risley C. Triche of Triche & Sternfels, Napoleonville, for appellees.

Before LOTTINGER, SARTAIN and TUCKER, JJ.


TUCKER, Judge.

This is a suit in which the plaintiffs sought to be decreed the owners of certain property lying and being situated in the Parish of Assumption alternatively alleging that they were entitled to a declaratory judgment, decreeing their ownership, or to the relief granted under the possessory action, or through the petitory action. The trial judge declared the suit to be a petitory action on the basis that the evidence adduced at the trial showed the defendants...

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