MILLAUD v. MOORE (2020)

Supreme Court of Louisiana.

David G. MILLAUD v. Ellen A. MOORE

No. 2020-C-00867

Decided: October 14, 2020

Writ application granted. See per curiam.

WRIT GRANTED. This real action is governed by the law applicable to possessory and petitory actions. See La. Code Civ. Pro. arts. 3651-3671. The matter is remanded to the court of appeal for application of that law to determine the issues presented by the motion for summary judgment, including which party has the burden of proving ownership. See La. Code Civ. Pro. arts. 3657 and 3653.

This matter was brought as a possessory action. Louisiana Civil Code article 3657 provides that when the defendant asserts title he judicially confessions the possession of the plaintiff.

FOOTNOTES

FOOTNOTE.

Hughes, J., additionally concurs and assigns reasons.

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