Babineaux v. Theriot

YELVERTON, Judge.

Plaintiff, Ernest Babineaux, filed a pos-sessory action seeking to be restored to the possession of a servitude of passage across defendants’ property and to obtain injunc-tive relief and damages. The defendant answered and asserted title to the property thereby converting the suit into a petitory action. Finding that the defendants had *658proved title to the property, judgment was rendered in favor of the defendants dismissing the plaintiffs suit. Plaintiff appealed and we affirm.

The facts of the case are not in dispute. The plaintiff and the defendants own adjoining tracts of…