Melancon v. Melancon

SARTAIN, Judge.

The plaintiff herein seeks to recover the value of certain property from her father, the defendant, on the basis of his alleged mismanagement or conversion, as her tutor, of her estate following her mother’s death. The defendant raised a peremptory exception of prescription, which was sustained by the lower court, and plaintiff has taken this appeal.

The lower court concluded that the nature and substance of the alleged acts of mismanagement or conversion were “acts of the tutorship” within the meaning and scope of La.Civil Code, Art. 340, which reads as follows:

“Art. 340.…