Pfister v. St. Bernard Cypress Co.

Plaintiff, as the owner of the Whitehall plantation, in the parish of St. Bernard, instituted this suit to recover the value of certain timber which he alleged was removed and appropriated from the rear part of said plantation by the defendant company.

Defendant first filed a motion to have plaintiff elect whether ,he was grounding his action upon a claim of ownership or upon a claim of possession. This motion was denied. Defendant then' filed an exception of no cause of action and a peremptory exception .setting up the contention that, plaintiff’s action being one in trespass based upon…