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STATE, DEPARTMENT OF HIGHWAYS v. MOITY

No. 4160.

276 So.2d 770 (1973)

STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Plaintiff, v. Velma Richard MOITY, Defendant-Appellant, and Sterling Sugars, Inc., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

April 25, 1973.

Attorney(s) appearing for the Case

Sandoz, Sandoz & Schiff by Lawrence B. Sandoz, Jr., Opelousas, for defendant-appellant.

Bauer, Darnall, McNulty & Boudreaux by Michael J. McNulty, Jr., Franklin, Gordie R. White, New Iberia, for defendant-appellee.

Jesse S. Moore, Jr., Baton Rouge, for plaintiff-appellee.

Before FRUGE, HOOD, and CULPEPPER, JJ.

FRUGE, Judge.

This case involves title to a 1.60-acre tract of land in Iberia Parish which was expropriated by the plaintiff on April 29, 1965, pursuant to R.S. 48:441 et seq. Both Velma Richard Moity and Sterling Sugars, Inc. claimed ownership to the tract. Sterling Sugars has record title to the tract, but Mrs. Moity claims ownership on the basis of 30-year acquisitive prescription by herself and her ancestor in title, Felix Duboin.

The trial in the District...

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