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LOWERY v. HERBERT

No. 2004-1399.

909 So.2d 648 (2005)

William T. LOWERY, Sr. v. Gregory Allen HERBERT, et al.

Court of Appeal of Louisiana, Third Circuit.

Order Granting Rehearing in Part September 14, 2005.

Attorney(s) appearing for the Case

William T. Lowery, Jr., Law Office of William T. Lowery, Jr., Baton Rouge, LA, for Plaintiff/Appellant: William T. Lowery, Sr.

Lawrence B. Sandoz, Jr., Sandoz and Sandoz, Opelousas, LA, for Defendants/Appellees: Gregory Allen Herbert and Leslie Ellen Smith.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, JIMMIE C. PETERS, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.

SAUNDERS, J.

This property case began as a possessory action by and between the Plaintiff, William Lowery, Sr. ("Lowery"), and Defendants, Gregory Allen Herbert and Leslie Ellen Smith ("Herbert and Smith"), pursuant to La.Code Civ.P. art. 3655, pertaining to a .42 acre tract of land and a contiguous .19 acre tract of land. As a result of their answer to Plaintiff's suit, Defendants converted this lawsuit to a petitory action under La.Code Civ.P. art. 3657, and became...

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