Ducre v. Milner

Petitioner filed a petitory action in the district court for the parish of St. Tammany against defendant, for the purpose of having recognized her title to an undivided twenty-eighth interest in a tract of land in the possession of the defendant.

Defendant excepted to the capacity of plaintiff as an alleged legitimate child of Toussaint Ducre to bring this suit; pleaded that plaintiff was without a right or cause of action; and that there is misjoinder of plaintiffs and nonjoinder of defendants herein.

In the district court a judgment was entered in favor of defendant, sustaining all of the…