Malone v. Fowler

On the Merits

Before TATE, FRUGÉ and MILLER, JJ. MILLER, Judge.

Fred T. Malone, allegedly the owner of a small interest in a rural 15 acre tract of land located about 10 miles from Alexandria, sought to partition the property by licitation. Defendants were Andrew J. Fowler and some absent and unknown heirs listed as co-owners of the land.

The only issue before us concerns defendant Fowler’s good faith under his plea of prescription, contending for ownership by ten years acquisitive prescription under LSA-C.C. Articles 3478 et seq.

The trial court handed down a well reasoned written opinion…