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PEAY v. HEIRS OF ROBINS

No. 83 CA 0749.

450 So.2d 1043 (1984)

W. Randall PEAY, et ux v. HEIRS OF Handy ROBINS, et al.

Court of Appeal of Louisiana, First Circuit.

May 30, 1984.

Attorney(s) appearing for the Case

George H. Ware, Jr., Ligon & Ware, Clinton, for plaintiffs-appellees.

Murphy W. Bell, Robert Judge Eames, Baton Rouge, for defendants-appellants.

Before COVINGTON, COLE and SAVOIE, JJ.

SAVOIE, Judge.

Defendant, Robins, Inc., appeals the trial court's judgment granting plaintiffs' motion for litigious redemption. We find that no litigious right existed as defined under L.S.A.-C.C. art. 2653 and, accordingly, reverse the judgment.

Plaintiffs, Mr. and Mrs. W. Randall Peay, and the Heirs of Handy Robins (the Heirs) were owners in indivision of certain immovable property located in East Feliciana Parish. On September 19, 1980, plaintiffs filed...

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