Johnson v. Johnson

HALL, Judge.

This appeal is from a judgment of the district court sustaining defendant’s plea of prescription based on LSA-Civil Code Art. 340 and dismissing plaintiff’s suit. We reverse the judgment of the district court and remand the case for further proceedings.

This suit to set aside certain transfers of immovable property was filed in 1972 by plaintiff, Robert A. Johnson, Jr. against Evelyn Elston Johnson. Defendant filed a peremptory exception of prescription pleading prescription of four years and ten years. Plaintiff subsequently filed a supplemental and amending petition with…