SHAW v. GARRETT

No. 12329.

295 So.2d 897 (1974)

William M. SHAW, Plaintiff-Appellee, v. J. Clifton GARRETT et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

May 28, 1974.


Attorney(s) appearing for the Case

Campbell, Campbell, Marvin & Johnson, by John T. Campbell, Minden, Stephen M. Waller, Homer, for defendants-appellants.

John T. Keys, Jr., Metairie, for Carolyn Marie Scruggs Franklin, defendant and third party plaintiff.

Kitchens, Benton & Kitchens, by John B. Benton, Jr., Minden, Shaw & Shaw, by Jean C. Shaw, Homer, for plaintiff-appellee.

Before PRICE, HALL and WILLIAMS, JJ.


PRICE, Judge.

Plaintiff and defendants are owners of contiguous estates in Claiborne Parish and this action was initiated by plaintiff to settle the common boundaries between these properties. Defendants filed an exception of acquisitive prescription of ten, twenty and thirty years without particularizing the factual basis for their claims. At the time of the hearing on the exception the trial judge refused to hear evidence in support of the exception and referred...

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