Babineaux v. Theriot

YELVERTON, Judge.

Ernest Babineaux, Sr., appeals the summary judgment dismissal of his posses-sory action petition, contending that the trial court erred in concluding that the failure of the summary judgment evidence to establish that he had a real right in the immovable property where the dispute lies, conclusively established that he could not maintain the possessory action. We agree that this was error, because the maintenance of the possessory action does not require proof of ownership of a real right, but only proof of possession of a real right. We reverse and set aside the summary…