Meraux v. Andrews

A defendant, to be entitled to a sus-pensive appeal from a judgment ordering him to deliver possession of the premises which he occupies, must have answered the rule for possession under oath pleading an affirmative defense entitling him to retain possession of the premises. LSA-C.C.P. art. 4735.

In this case plaintiffs sought to evict defendant by summary proceedings under LSA-C.C.P. arts. 4702-4704 from a certain tract of land and the building thereon (a camp) located in the Parish of St. Bernard. Plaintiffs averred that they are owners of the land and the building.

In his answer to the rule…