MONTGOMERY v. BREAUX

No. 54281.

297 So.2d 185 (1974)

Gertrude MONTGOMERY and Marion Petry v. Corine BREAUX.

Supreme Court of Louisiana.

June 10, 1974.


Attorney(s) appearing for the Case

Gary E. Theall, Cooper & Sonnier, Abbeville, for defendant-applicant.

Albert L. Boudreau, Jr., LeBlanc & Boudreau, Abbeville, for plaintiffs-respondents.


BARHAM, Justice.

We granted writs in this case to consider the court of appeal's decision that acquisitive prescription could not be pleaded by the peremptory exception in a petitory action.

Relator, Corine Breaux, was the plaintiff in a possessory action against respondents, Gertrude Montgomery and Marion Petry. A judgment in that action was rendered in favor of Corine Breaux. Subsequently, the respondents brought a petitory action against relator to which...

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