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BYNOG v. FERTITTA

No. 3790.

262 So.2d 161 (1972)

Willo Dean BYNOG, Administratrix of the Estate of Celia Burns Jowers, Plaintiff-Appellee, v. Sam J. FERTITTA, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

May 10, 1972.

Attorney(s) appearing for the Case

Ted R. Broyles, Leesville, for defendant-appellant.

Kay, Kay & Stewart, by Stuart S. Kay, Jr., DeRidder, for plaintiff-appellee.

Before SAVOY, MILLER and DOMENGEAUX, JJ.

SAVOY, Judge.

The Administratrix of the Succession of Celia Burns Jowers brought this suit to rescind the sale of 22½ acres of land located in Vernon Parish alleging lesion beyond moiety. On August 8, 1966, Mrs. Jowers sold the property to defendant Sam J. Fertitta for $400. The trial court found the property's market value to be $147 per acre as of the sale date. The interlocutory decree (required by LSA-C.C. Art. 1877) ordered purchaser to deposit $2,907.50...

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