Heirs of Coleman v. Heirs of Holmes

CULPEPPER, Judge.

This is a suit involving approximately seven acres of land. From a judgment sustaining defendants’ exception of no cause of action and dismissing plaintiffs’ suit, the plaintiffs appeal.

The substantial issue is whether plaintiffs, despite two amendments to their petition, have improperly cumulated the petitory and possessory actions, with the result that they have failed to state a legal cause of action.

In their original petition plaintiffs allege that they are in possession of the seven acres of .land, to which they have acquired title by thirty years prescription; that the…