Trahan v. Benoit

FORET, Judge.

This appeal is from a judgment dismissing the plaintiffs’ petitory action based upon the trial court’s determination that the plaintiffs had no right of action therein. The issue on appeal is whether an illegitimate child claiming ownership of property of his deceased father, now in the hands of a third party, must first institute a “filiation action” under LSA-C.C. Arts. 208 and 209 before asserting an interest in the property. We reverse the judgment of the trial court.

The plaintiffs, Gayneaux Paul Trahan and Irene Trahan Jeanise, filed a petitory action on February 22, 1982,…