SUCCESSION OF SCOTT

No. 85-CA-461.

480 So.2d 1022 (1985)

SUCCESSION OF Alther White SCOTT.

Court of Appeal of Louisiana, Fifth Circuit.

December 16, 1985.


Attorney(s) appearing for the Case

Harold L. Molaison & Associates, Harold L. Molaison, Gretna, for Lorenao A. Scott, II, and Emma T. Loveless, plaintiffs-appellees.

Jones Associates, Ltd., Ernest L. Jones, New Orleans, for Hilliard C. Fazande, II, defendant-appellant.

Before CHEHARDY, KLIEBERT and BOWES, JJ.


CHEHARDY, Judge.

Hilliard C. Fazande II appeals a judgment in favor of his half-brother, Lorenzo A. Scott II, annulling a 1978 judgment under which Fazande had been declared owner of certain real estate formerly a part of their mother's succession. On appeal Fazande asserts the trial judge erred in failing to find that the annulment action had prescribed; alternatively, that the trial court erred in finding Scott was a "defendant who has not been served with process...

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