Givens v. Smith

CANNELLA, Judge.

Plaintiffs, Bessie Smith Givens and Wilson Smith, appeal from a judgment in a nullity action granting a peremptory exception of no .right of action filed by defendants, David Smith and David Fergurson. We reverse as to Bessie and affirm as to Wilson.

On July 28, 1992, plaintiffs filed a petition for nullity of a Judgment of Possession rendered in favor of defendant, David Smith. The petition stated that the judgment was based on false assertions that the deceased had no children, when in fact the deceased was survived by three children, two of whom are named in the nullity…