Terrell v. Messenger

CUTRER, Judge.

Plaintiffs, owners of a one-half interest in a tract of land, brought this suit to set aside three acts of sale involving the remaining undivided one-half interest of the property. From a judgment maintaining defendants’ peremptory exception of no right of action, plaintiffs appeal. We reverse.

The issue on appeal is whether the trial judge erred in sustaining a peremptory exception of no right of action filed by the defendants.

On January 4, 1957, Sarah J. Terrell, by cash deed, sold a 72 acre tract of land to 12 of her children and grandchildren. The deed contained the following…