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Andras v. Thibodeaux

Court of Appeal of Louisiana, First Circuit

October 30, 2014

BOBBY JUNIUS ANDRAS AND JUDY SANCHEZ ANDRAS
v.
THE HEIRS OF JEAN MARIE THIBODEAUX, MARCELINE HEBERT, EDOUARD FRANCOIS THIBODEAUX, LOUISA THIBODEAUX, HYPOLITE SEVERE THIBODEAUX, ENOCH ANTOINE THIBODEAUX, DRAUZIN MARCELIN THIBODEAUX, AND PIERRE THIBODEAUX

APPEALED FROM THE SEVENTEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF LAFOURCHE, STATE OF LOUISIANA. DOCKET NUMBER 99,399. HONORABLE JOHN E. LEBLANC, JUDGE.

REVERSED AND REMANDED.

Anthony P. Lewis, Thibodaux, Louisiana, Attorney for Plaintiffs/Appellants, Bobby Junius Andras and Judy Sanchez Andras.

Paul A. Lapeyrouse, Chauvin, Louisiana, Attorney for Intervenors/Appellees, Russell Boudreaux, Estha Boudreaux, Jimmy Andras, Linda Andras, and Darlene M. Harrelson.

Doris Benoit Picou, Thibodaux, Louisiana, In proper person and o/b/o Morris Benoit and Winona Thibodaux Graham.

BEFORE: PETTIGREW, McDONALD, AND McCLENDON, JJ.

OPINION

Page 768

[2013-1906 La.App. 1 Cir. 2] McDONALD, J.

In this case, the plaintiffs filed a petition for partition by licitation of immovable property owned by numerous co-heirs, some unknown. Three of the heirs, along with two of their spouses, filed interventions, claiming thirty years acquisitive prescription of three different portions of the property. The district court ruled in favor of the intervenors, finding tat they had proven thirty years acquisitive prescription of the respective portions of the property where they lived. The plaintiffs have appealed that judgment. After a thorough review, we reverse the judgment, finding that the district court erred in determining that the intervenors had proven thirty years acquisitive prescription, and we remand the case for further proceedings.

THE FACTS

The plaintiffs, Bobby Junius Andras and his wife, Judy Sanchez Andras, filed suit to partition by licitation intestate succession property (the Thibodeaux property), which they owned in indivision with the heirs of Jean Marie Thibodeaux, Marceline Hebert, Edouard Francois Thibodeaux, Louisa Thibodeaux, Hypolite Severe Thibodeaux, Enoch

Page 769

Antoine Thibodeaux, Drauzin Marcelin Thibodeaux, and Pierre Thibodeaux. The Thibodeaux property is described in the petition as:

A certain tract of land, situated in the Parish of Lafourche, Louisiana, on the left bank of Bayou Lafourche, about two (2) miles from the City of Thibodaux, and about six (6) miles back from said bayou, measuring three (3) arpents from of the [sic] eastern lines by ten (10) arpents deep from the East to West bounded front or East by property formerly of Drauzin Boudreaux and now or formerly of Walter Tabor, South and West by property formerly of Butch Albert Wormalt and now or formerly Laurel Valley Sugar, Inc. North by property now or formerly of Rathbone Lumber Company. Said Property being situated on the Northwest quarter of Section 22, T14S, R17 East, Parish of Lafourche and being shown on the plat of survey prepared by J. C. Lovell, Surveyor, dated July 26, 1960, entitled property of Estate of Jean Marie Thibodaux, a copy of which plat is recorded in the official records of ...

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