Demarco v. Duplantis

TATE, Judge.

The very narrow question presented for our determination by this appeal is whether a co-owner can without joining his co-owners institute a possessory action against one allegedly disturbing his possession of a tract of land. Plaintiff co-owner appeals from judgment below sustaining an exception of no right of action and dismissing his suit.

Plaintiff alleged real and actual possession of a certain tract of. land for more than one year previous to an alleged disturbance of his possession by defendant, who allegedly erected a fence and cut some timber from this tract immediately…