Zemurray v. Dixon

On First Applications for Rehearing.

It has been brought to our attention by both parties to this ejectment suit that defendant Dixon filed an answer including a reconventional demand asking to be recognized as owner of the land by 30 years acquisitive prescription, thus converting the action into a petitory suit.

Since as held in our original decree in the companion suit of Dixon v. Zemurray, reported above at 82 So.2d 281, Dixon did not possess land subject to and described in the agreement to purchase (S% of SEj4 of NEj4, Section 33, Township 4 South, Range 9 East) as owner, Articles 3487,…