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Legal Opinion · Dissent

Montgomery v. Breaux

Louisiana Court of Appeal

Decided November 5, 1973No. 4324Published

1DissentDomengeaux, Judge

I am unable to agree that the peremptory “exception” of acquisitive prescription does not exist in Louisiana civil procedure. It is difficult to understand how my esteemed brothers of the majority can state that there is neither legislative nor judicial authority for the existence and/or the application of such an exception.

The Louisiana Civil Code clearly recognizes and distinguishes between two kinds of prescription — acquisitive and liberative. The former is a manner of acquiring ownership of property and the latter a manner of discharging debts. Art. 3457 et seq.

Our Code of Civil…

2Cases cited13 opinions

  1. City of New Orleans v. Salmen Brick & Lumber Co.Supreme Court of Louisiana · 1914
  2. Porche v. MartinLouisiana Court of Appeal · 1965
  3. Rives v. StarckeSupreme Court of Louisiana · 1940
  4. Allen v. Paggi Brothers Oil CompanyLouisiana Court of Appeal · 1971
  5. Hebert v. ArmsteadLouisiana Court of Appeal · 1969

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