Succession of Todd

This is an appeal from a judgment sustaining an exception of no cause of action, filed against a petition to rescind a probate sale of real estate and to recover the property adjudicated thereat. After the appeal reached this court, the defendant, Marrero Chanove, who is, in fact, the only defendant in the ease, filed a plea of prescription of five years, based on article 3543 of the Civil Code. The ease is presented to us on an exception of no cause of action and on the plea of prescription of five years. However, there is an exception of nonjoinder of parties defendant in the record, which…