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PELAS v. McANN

No. 6307.

297 So.2d 546 (1974)

Edward G. PELAS v. Edna Mae McANN, the divorced wife of Edward G. Pelas, and now wife of Robert WOOLEY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied August 1, 1974.

Writ Refused October 4, 1974.

Attorney(s) appearing for the Case

Lucas F. Bruno, Jr., New Orleans, for plaintiff-appellee.

Morphy, Freeman, Holbrook & Faulkner, A. D. Freeman, New Orleans, for defendant-appellant.

Before SAMUEL, STOULIG and MORIAL, JJ.

MORIAL, Judge.

On November 3, 1972, the plaintiff, Edward G. Pelas filed suit against his former wife, Edna Mae McAnn for rescission of a partition praying that the extra judicial notarial act of partition of community property executed on June 25, 1970 between them be declared null and void. Plaintiff based his contentions on LSA-C. C. Art. 1398 which states:

"They [partitions] may even be rescinded, on account of lesion; and as equality is the base of partitions...

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