Windward Land, LLC and Michael Morris Gulley v. Mary Lee Mann C/W William Lamont Frazier, Alvin Edwards and Kiana Edwards and Vanessa Edwards v. Windward Land, LLC and Michael Morris Gulley
CourtSupreme Court of Louisiana
Date FiledOctober 30, 2026
Docket2025-C-01627
StatusPublished
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Full Opinion
FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #051
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 30th day of October, 2026 are as follows:
BY Griffin, J.:
2025-C-01627 WINDWARD LAND, LLC AND MICHAEL MORRIS GULLEY VS.
MARY LEE MANN, ET AL. C/W WILLIAM LAMONT FRAZIER,
ALVIN EDWARDS AND KIANA EDWARDS AND VANESSA
EDWARDS VS. WINDWARD LAND, LLC AND MICHAEL MORRIS
GULLEY (Parish of Desoto)
VACATED AND REMANDED. SEE OPINION.
SUPREME COURT OF LOUISIANA
No. 2025-C-01627
WINDWARD LAND, LLC AND MICHAEL MORRIS GULLEY
VS.
MARY LEE MANN, ET AL.
C/W
WILLIAM LAMONT FRAZIER, ALVIN EDWARDS AND KIANA
EDWARDS AND VANESSA EDWARDS
VS.
WINDWARD LAND, LLC AND MICHAEL MORRIS GULLEY
On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Desoto
GRIFFIN, J.
We granted this writ to address the breadth of the prescriptive bar for actions
by an unrecognized successor against third persons involving immovable property.
Adhering to well-established definitions in the Civil Code, we find the prescriptive
bar to also include buyers, donees, and transferees who subsequently acquire
immovable property from unrecognized heirs and legatees.
FACTS AND PROCEDURAL HISTORY
This matter arises out of an action to partition immovable property in DeSoto
Parish filed by Windward Land, LLC and Michael M. Gulley (collectively
“Windward”). At issue are property interests in land designated as “Tract 2,” which,
in 1924, was partitioned between Augustine Howard and Inez Howard each owning
a fifty percent interest. The crux of the dispute is who ultimately acquired Augustine
Howard’s half-interest in Tract 2.
Augustine Howard died intestate in 1956. His succession resulted in a 1996
judgment of possession recognizing Earnestine Walker, the ancestor-in-title to
Windward, as the sole heir of his estate. Defendants in the partition action are co-
owners who trace their title back to Addie Edwards who purportedly acquired her
interest through a 1955 deed executed by Zephyr Johnson, daughter of Inez and niece
of Augustine (“Frazier-Edwards respondents”).
In the midst of this complex litigation, the Frazier-Edwards respondents filed
a motion for declaratory judgment seeking to invalidate the 1996 judgment of
possession averring that Earnestine Walker, as an illegitimate child of Augustine
Howard, was precluded from inheriting his estate under then-existing law.1 The trial
court granted the motion declaring the 1996 judgment of possession without effect
making Zephyr Johnson the rightful heir to Augustine Howard and resulting in the
Frazier-Edwards respondents being sole owners of Tract 2 by virtue of proving better
title through the 1955 deed in favor of Addie Edwards. Windward filed a motion
for new trial arguing, among other things, that the Frazier-Edwards respondents’
collateral attack on the 1996 judgment of possession is barred by prescription. The
trial court denied the motion and Windward appealed. The court of appeal affirmed,
narrowly interpreting the prescriptive statute at issue, La. R.S. 9:5630, such that the
phrase “successor of a deceased person” operates to only bar claims by heirs or
legatees of a decedent, and not the Frazier-Edwards respondents as heirs and/or
legatees of a third party transferee, Addie Edwards. Windward Land, LLC v. Mann,
56, 379, pp. 19-20 (La.App. 2 Cir. 10/29/25), 425 So.3d 139, 153.
Windward’s writ application to this Court followed, which we granted.
Windward Land, LLC v. Mann, 25-1627 (La. 5/12/26), 432 So.3d 747.
1
“Testate and intestate succession rights … are governed by the law in effect on the date of the
decedent’s death.” La. C.C. art. 870(B). Under former Article 919, in effect from 1908 to 1981,
an “illegitimate” heir could not inherit in intestacy if there were any “legitimate” heirs of the
deceased. The article was declared unconstitutional, but the ruling was held retroactive only to
January 1, 1975. See Succession of Clivens, 426 So.2d 585, 600 (La. 1982) (on rehearing);
Succession of Brown, 388 So.2d 1151, 1154 (La. 1980).
2
DISCUSSION
The dispositive issue before this Court is whether the collateral attack on the
1996 judgment of possession is prescribed under La. R.S. 9:5630. Statutory
interpretation is a question of law subject to de novo review. Benjamin v. Zeichner,
12-1763, p. 5 (La. 4/5/13), 113 So.3d 197, 201.
The prescriptive period for actions by an unrecognized successor against third
persons involving immovable property is governed by La. R.S. 9:5630 which, in
relevant part, provides:
An action by a person who is a successor of a deceased person and who
has not been recognized as such in the judgment of possession rendered
by a court of competent jurisdiction, to assert an interest in an
immovable formerly owned by the deceased, against a third person, or
his successors, who has acquired an interest in the immovable by
onerous title from a person recognized as an heir or legatee of the
deceased in the judgment of possession is prescribed in two years from
the date of the rendering of the judgment of possession.
The dispute at issue turns on the determination of who is considered a “successor of
a deceased person.”2
Windward argues the court of appeal erred by giving La. R.S. 9:5630 an
overly restrictive interpretation which defeats the public policy purpose of the
prescriptive period – stability of title. See Succession of Clivens, 426 So.2d 585,
593, 596-97 (La. 1982) (on rehearing). The Frazier-Edwards respondents maintain
the court of appeal’s strict interpretation was correct in limiting the prescriptive
statute’s reach only to unrecognized heirs and legatees of a decedent.3 See Wells v.
Zadeck, 11-1232, pp. 6-7 (La. 3/30/12), 89 So.3d 1145, 1149 (“prescription statutes
are strictly construed against prescription and in favor of the claim sought to be
extinguished”). We disagree.
2
The court of appeal correctly observed there are no grounds to declare the 1996 judgment of
possession an absolute nullity. See La. C.C.P. art. 2002.
3
Although somewhat nuanced, the fulcrum of the Frazier-Edwards respondents’ theory of the case
is their contention that the 1996 judgment of possession is invalid.
3
The prescriptive bar in La. R.S. 9:5630 applies not only to actions by
unrecognized heirs and legatees, but also to actions by buyers, donees, or transferees
who subsequently acquire the immovable property from such heirs and legatees.4
Although the statute itself does not define the term “successor,” it is well-settled that
courts should turn to related provisions of the positive law to discern a statute’s
meaning and context. See Kling v. Hebert, 23-0257, pp. 3-4 (La. 1/26/24), 378 So.3d
54, 57 (citing Menard v. Targa Resources, L.L.C., 23-0246, p. 4 (La. 6/27/23), 366
So.3d 1238, 1242); Bergeron v. Richardson, 20-1409, p. 9 (La. 6/30/21), 320 So.3d
1109, 1116 (“Louisiana courts must begin every legal analysis by examining primary
sources of law, consisting of constitution, codes, and statutes”). The Civil Code
broadly defines “successor” as “a person who takes the place of another.” La. C.C.
art. 3506(3). This definition includes “the particular successor, such as the buyer,
[or] donee.”5 Id. Thus, the Frazier-Edwards respondents are “successors” whose
actions are subject to the two-year prescriptive period and have long since expired.
The plain language of these statutory provisions is reinforced by the 1982
Revision Comments to La. R.S. 9:5630 which emphasize the policy behind the
statute is to “[strengthen] the position of acquirers of property as it affords protection
to them not only against suits of omitted heirs but also against suits by third persons.”
See also Arabie v. CITGO Petroleum Corp., 10-2605, p. 4 (La. 3/13/12), 89 So.3d
307, 312 (“While the Official Revision Comments are not the law, they may be
4
As the more specific statute, the prescriptive period of La. R.S. 9:5630 controls rather than La.
C.C. art. 3502 – the latter broadly covering an action for the recognition of inheritance rights. See
Burge v. State, 10-2229, p. 5 (La. 2/11/11), 54 So.3d 1110, 1113. Even were the thirty-year
prescriptive period of La. C.C. art. 3502 to apply, it “commences to run from the day of the opening
of the succession” which, under La. C.C. art. 934 (both the current and then-existing version),
would be Augustine Howard’s death in 1956.
5
Article 3506 was revised by Acts 2025, No. 488, §1; however, as the 2025 Revision Comments
observe, the “term ‘successor’ has also been retained given its importance throughout the Civil
Code, but its meaning has not been changed. The term ‘successor by particular title’ has been
modernized and changed to the term ‘particular successor’ solely for consistency purposes.” The
prior version of Article 3506 similarly defined “successor” in subsection (28) as “the person who
takes the place of another.” It further stated this included “the successor by particular title, such
as the buyer, donee or legatee of particular things, the transferee.”
4
helpful in determining legislative intent.”). Similarly, in Succession of Clivens, this
Court recognized the importance of stability of title and the legislature’s prompt
action in reducing the prescriptive period in La. R.S. 9:5630 from ten to two years
within which a judgment of possession may be challenged. 426 So.2d at 596-97.
We further agree with Windward that a strict interpretation, such as that imputed by
the court of appeal, would countenance the absurd result of enabling an individual
to circumvent the prescriptive period merely by transferring their purported
interested in an immovable to a third party. We therefore find the collateral attack
on the 1996 judgment of possession advanced in the Frazier-Edwards respondents’
motion for declaratory judgment is barred by prescription. Accordingly, the 1996
judgment of possession is valid and transferred Augustine Howard’s fifty percent
interest in Tract 2 to Earnestine Walker.
DECREE
For the foregoing reasons, the rulings of the lower courts are vacated, and the
matter is remanded to the trial court for further proceedings consistent with this
opinion.
VACATED AND REMANDED
5