Sessum v. Hemperley

After carefully reviewing the views expressed in the majority opinion as well as the several authorities cited therein, I am convinced that the holding of the majority does violence to the applicable codal articles and our jurisprudence.

This is purely a suit brought under the provisions of LSA-C.C. Art. 823 to estab*455lish a boundary line. The validity of any written title isoin no way involved. Defendants rely upon LSA-C.C. Art. 852 in pleading the prescription of 30 years, the provisions of which article apply only in an action in boundary. Where title is claimed the codal article, supra, is…