Badeaux v. Pitre

I dissent from the majority opinion.

First, I am of the opinion that Badeaux has properly brought a petitory action against this defendant. C.C.P. Article 3651 describes a petitory action as one brought by a person who claims the ownership, but is not in possession, of immovable property, against another who is in possession or who claims the ownership thereof adversely, to obtain judgment recognizing the plaintiff’s ownership. In his petition, plaintiff alleges that he has been in continuous, open, notorious and adverse possession of the property for a period in excess of 30 years and claims…