Tealwood Properties, L.L.C. v. Succession of Graves

hAt the time of the vendors’ execution of a 2003 warranty deed for the sale of land, a corporation, solely owned by vendors, owned a mineral servitude encumbering the land. The purchaser filed this action against the vendors for breach of contract and also sued the corporation, seeking from the corporation “the specific performance of transferring the mineral rights” to the plaintiff. Upon the corporation’s exception of prescription, the trial court dismissed the action against it, finding applicable a one-year period of prescription. For the following reasons, we find a cause of action…