Tensas Delta Land Co. v. Whatley

HAMITER, Judge.

For tEe purpose of establishing title to a 40-acre tract of land in Catahoula parish, plaintiffs brought this suit under and pursuant to the provisions of Act No. 38 of 1908. The petition alleged that neither plaintiffs nor defendants were in actual possession of the property.

In a pleading of the nature of a motion to dismiss, defendants averred that they were in the actual possession of the land, and that therefore the suit was improperly brought under the above act. After an independent trial of this motion, it was overruled by the district judge.

Thereafter defendants filed…