BABINGTON CHILDREN TRUSTS v. EIMER (CUCCHIARA)

No. 53290.

285 So.2d 792 (1973)

BABINGTON CHILDREN TRUSTS v. Vivian EIMER (divorced wife of Mario CUCCHIARA).

Supreme Court of Louisiana.

October 29, 1973.


Attorney(s) appearing for the Case

Henry A. Mentz, Jr., Mentz & Ford, Hammond, for plaintiff-applicant.

Clint L. Pierson, Jr., Rodrigue & Pierson, Covington, for defendant-respondent.


CALOGERO, Justice.

The narrow legal issue presented in this case is whether plaintiff is entitled to injunctive relief under the provisions of Article 3663(2) Code of Civil Procedure to enjoin defendant from trespassing and encroaching upon, or in any way exercising possession over, a parcel of land adjoining the Bogue Falaya River in the Parish of St. Tammany.

We hold plaintiff is not so entitled and therefore affirm the judgments of both the trial and appellate...

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