Joseph v. Netherton Co.

SAVOY, Judge.

This suit was instituted by plaintiff against defendant in tort for removal of dirt by defendant, a commercial partnership, from one of two contiguous lots owned by plaintiff in the City of Natchitoches, Louisiana, early in the year 1957.

Defendant filed an exception of prescription alleging that the dirt was removed with the knowledge and consent of plaintiff’s agent, Laura Provoe, more than one year prior to the filing of the suit.

Defendant also filed an answer denying generally all of the allegations of plaintiff’s petition and alleging further that permission to remove the…