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BARBER v. TESTA

No. 5403.

331 So.2d 139 (1976)

Willie BARBER et al., Plaintiffs-Appellants, v. Louis TESTA, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 19, 1976.

Attorney(s) appearing for the Case

Gerald P. Aurillo, Metairie, for plaintiffs-appellants.

Hebert & Moss by David Donnell Moss, Baton Rouge, and Burton L. Wade, St. Joseph, for defendant-appellee.

Before CULPEPPER, DOMENGEAUX and PAVY, JJ.

PAVY, Judge.

This is a suit for nullity of a judgment. In 1954, Willie Barber, who with his children are plaintiffs herein, signed a purported cash sale in favor of Louis Testa, defendant, pertaining to 44 acres of land. In 1960 Barber filed a first suit to annul the sale which was dismissed for failure to prosecute. This suit is mentioned only for general background as it bears no direct and real pertinence to the present litigation. In 1971, Barber filed a second...

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