Ducre v. Milner

Plaintiff is claiming an undivided portion of a tract of land in the alleged possession of defendant.

'Defendant first filed in limine an exception to the capacity of plaintiff to sue as the legitimate child of Toussaint Ducre, her alleged father, from whom she claims to have received the property in contest by inheritance.

In the alternative, defendant filed exception, as follows: “Exceptor pleads no right or cause of action and judicial estoppel in that Article V of the petition, the plaintiff alleges judicially a survey for partition of the tract of ground alleged to have been bought by…