Shepard Realty Co. v. United Shoe Stores Co.

ODOM, Justice.

This is a suit to collect $149,699.94, alleged to be due plaintiff by defendant under a lease contract. The defendant in limine pleaded the prescription of three years under Article 3538 of the Revised Civil Code, which provides that actions “for arrearages of rent charge, annuities and alimony, or of the hire of movables and immovables” are prescribed by three years.

This plea seems to have been heard and decided on the face of the pleadings, and was overruled. Subsequently defendant filed a plea, alleging that “each and every demand of the plaintiff herein is barred by the…