Therefore, under the above cited jurisprudence, it is governed by the prescription of one year provided for by LSA-Civil Code Article 3536 and pleaded specially in this court by the defendant. In opposing the discussed plea of prescription plaintiff relies on Gaty, McCune Co. v. L. L. Babers, 32 La.Ann. 1091. That decision, as well as another early case, was mentioned in Martin v. Texas Oil Co., supra [ 150 La. 556, 90 So. 923], with reference to which the court observed: "* * * While these cases give support to that contention, yet we think that, under the law, a distinction must be made between an action for the property itself and one for its value, in cases of this nature. The latter are suits for damages arising ex delicto, while the former are not. * * *" Moreover, in Liles v. Barnhart and Liles v. Producers' Oil Co., both supra, the Gaty case was found to be out of harmony with the more recent jurisprudence.