Bagby v. Clause

TUCKER, Judge.

This is a suit in which the plaintiffs sought to be decreed the owners of certain property lying and being situated in the Parish of Assumption alternatively alleging that they were entitled to a declaratory judgment, decreeing their ownership, or to the relief granted under the possessory action, or through the petitory action. The trial judge declared the suit to be a petito-ry action on the basis that the evidence adduced at the trial showed the defendants to be in actual, physical and corporeal possession of the property. Note TR 55 in which plaintiffs-appellants seek to be…