TOWLES v. HEIRS OF MORRISON

No. 82 CA 0369.

428 So.2d 1029 (1983)

Roberta S. TOWLES, Roy O. Martin Lumber Co., Inc., Arbor, Inc., James R. Davis, Edward I. Daniel, Stephen P. Dart and Michael L. Hughes v. HEIRS of Jacob H. MORRISON.

Court of Appeal of Louisiana, First Circuit.

February 22, 1983.


Attorney(s) appearing for the Case

Stephen P. Dart, Michael L. Hughes, Robert O. Butler, Jr., St. Francisville, Charles S. Weems, III, Alexandria, Hamilton B. Willis, Wakefield, Wilson R. Ramshur, St. Francisville, for plaintiffs-appellees.

Edward C. Abell, Jr., Patrick W. Tracy, George H. Robinson, Jr., Lafayette, J.W. Seibert, III, Jonesville, for defendants-appellants.

Before PONDER, SAVOIE and CRAIN, JJ.


PONDER, Judge.

Plaintiffs brought a possessory action, based on defendants' execution and recordation of mineral leases. The trial court ruled in favor of plaintiffs and ordered defendants to file a petitory action within sixty days of the judgment becoming executory. Defendants appealed.

The issues are: (1) whether plaintiffs, as co-owners, gave adequate notice of their intent to possess adversely; (2) whether co-owners must be participants in the transaction...

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