Brooks v. Maggio

The plaintiffs, Rosie B. Robinson Brooks, et al., appeal a judgment dismissing their petitory action. In light of the unusual facts of this matter and the misinterpretation of this court’s earlier opinion affirming the trial court’s judgment finding the defendants herein, Venson and Sharon Maggio, in possession of the disputed land, we vacate the trial court’s judgment and remand for further proceedings.

FACTS

This matter began as a possessory action filed in 1994 by Venson and Sharon Maggio against Huey and Ruthie Robinson. The land in dispute is a 69-foot strip which runs down the center of…