MONTGOMERY v. BREAUX

No. 4324.

285 So.2d 253 (1973)

Gertrude MONTGOMERY et al., Plaintiffs-Appellants, v. Corine BREAUX, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion November 7, 1973.

Rehearing Denied December 3, 1973.

Writ Granted February 1, 1974.


Attorney(s) appearing for the Case

Albert L. Boudreau, Jr., Abbeville, for plaintiffs-appellants.

Cooper & Sonnier by Silas B. Cooper, Abbeville, for defendant-appellee.

Before FRUGE, SAVOY and DOMENGEAUX, JJ.


FRUGE, Judge.

Plaintiffs-appellants, Gertrude Montgomery and Marion Petry, instituted this appeal, challenging the maintenance of an exception of acquisitive prescription by the trial court which effectively deprived them of the opportunity to present, in full, their petitory action. By means of a petitory action, plaintiffs had sought to claim ownership of

"That certain tract or parcel of land situated in the Ninth Ward of the Parish of Vermilion, Louisiana...

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