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PITRE v. PITRE

No. 1071.

162 So.2d 430 (1964)

Mrs. Effie Ardoin PITRE, Plaintiff and Appellee, v. Elin PITRE, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 15, 1964.

Attorney(s) appearing for the Case

Fruge & Foret, by Jack C. Fruge, Fusilier, Pucheu & Soileau, by L. O. Fusilier, and J. William Pucheu, Ville Platte, for defendant-appellant.

Lewis & Lewis, by Seth Lewis, Jr., Opelousas, for plaintiff-appellee.

Before SAVOY, HOOD and CULPEPPER, JJ.

CULPEPPER, Judge.

Plaintiff brings this suit against her former husband to annul, on the grounds of lesion and fraud, a partition of community property between them. The district court rendered judgment voiding the partition for lesion. The defendant appeals.

The general principles of law involved are:

LSA-C.C. Art. 1860 defines lesion as:

"Lesion is the injury suffered by one who does not receive a full equivalent for what he gives in a commutative...

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