Short v. Jones

JASPER E. JONES, Judge.

The plaintiffs in this declaratory judgment action are seeking to have a 1960 deed, which conveys a ¾« undivided interest in an 81 acre tract of land to their deceased brother, declared null and void. The administrator of decedent’s estate opposes the action. Prior to answering plaintiff’s petition the administrator filed a peremptory exception of prescription.1 Plaintiffs moved to have the exception referred to the merits. The trial court granted the motion. On application of the administrator, a writ was granted to review the trial court’s decision to refer the…