CUTHBERTSON v. UNOPENED SUCCESSION OF TATE

No. 88-184.

544 So.2d 1236 (1989)

William H. CUTHBERTSON, Plaintiff-Appellee, v. UNOPENED SUCCESSION OF Sam TATE, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

May 24, 1989.


Attorney(s) appearing for the Case

J.W. Seibert III, Vidalia, for plaintiff-appellee.

Jerry Phillips, Paul T. Thompson, Byford Beasley, Baker, for defendants-appellants.

Before DOMENGEAUX, STOKER and KNOLL, JJ.


KNOLL, Judge.

Pauline Tate, the widow of Sam Tate, and Glen Tate and Ida Tate Kimball, the heirs of Sam Tate, appeal an adverse judgment of the trial court which determined that they failed to prove that they acquired ownership of a 79 foot wide strip of property along Lake Concordia by 30 years acquisitive prescription sufficient to defeat William H. Cuthbertson's petitory action against them.

The trial court recognized Cuthbertson's ownership of the disputed...

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