Derouen v. Poirier

FRUGE, Judge.

This suit was filed by plaintiff on November 21, 1957 under provisions of LSA-R.S. 13 :5062 for the purpose of being adjudged the owner of a tract of land purportedly containing 35.40 acres. In her petition, plaintiff alleged that neither she nor the defendant was in possession of the land in dispute, but, in the event it was found that defendant was in possession, she asked, in the alternative, that suit be tried as a petitory action. Defendant excepted to the form of action which exception was overruled. The suit was tried as a petitory action and judgment was rendered for…