JONES v. BUTLER

No. 11212.

346 So.2d 790 (1977)

Reginald JONES, Jr., et al., Plaintiffs-Appellants. v. Dewey W. BUTLER et al., Defendants-Appellees.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 13, 1977.


Attorney(s) appearing for the Case

Joseph A. Gladney, Baton Rouge, of counsel, for plaintiff Reginald Jones et al., appellants.

J. Huntington Odom, Baton Rouge, of counsel, for defendant Dewey W. Butler et al., appellee.

Before SARTAIN, COVINGTON and LOTTINGER, JJ.


SARTAIN, Judge.

This is a suit for money loaned to the defendants by Mrs. H. E. Moise. Plaintiffs, as the heirs and legatees of Mrs. Moise, appeal from a judgment sustaining defendants' peremptory exception of prescription. We reverse.

The issue here presented is whether the applicable prescriptive period is three years under C.C. Art. 3538 or ten years under C.C. Art. 3544. The facts are not in dispute.

On January 10, 1967, Mrs. Moise issued a check...

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