Walters v. Rainey

CULPEPPER, Judge.

This is a petitory action. Plaintiffs have record title. Defendants claim ownership by possession for more than 30 years beyond their title to a visible boundary, LSA-C.C. Article 852. From an adverse judgment, plaintiffs appealed.

The substantial issue concerns the fence, which defendants contend is the visible boundary to which they and their ancestor in title possessed. The question is whether the fence existed for 30 years prior to the time this suit was filed on February 5, 1964.

The general facts show that plaintiffs and defendants have record title to adjoining tracts of…