Speight v. Dowden

CULPEPPER, Judge.

This is a petitory action in which the defendant reconvened claiming possession and ownership of the approximately one acre in dispute. The trial judge rejected plaintiff’s demand and held that the defendant is the possessor and owner of the entire property in dispute. Plaintiff appealed.

On appeal, plaintiff assigns three errors by the trial judge: (1) not recognizing plaintiff as owner of the disputed area by the acquisitive prescription of 30 years provided in LSA-C.C. Article 794, which replaced former Civil Code Article 852, (2) alternatively, rejecting plaintiff’s claim…