PEEVY v. STATE, DEPT. OF HIGHWAYS

No. 13063.

340 So.2d 642 (1976)

J. P. PEEVY, Represented by Adrian G. Peevy, et al., Plaintiffs-Appellees, v. STATE of Louisiana, DEPARTMENT OF HIGHWAYS, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 10, 1977.

Writ Refused March 18, 1977.


Attorney(s) appearing for the Case

Bernard L. Malone, Jr., D. Ross Banister, William W. Irwin, Jr., Jerry F. Davis, Johnie E. Branch, Jr., Baton Rouge, Johnson, Johnson & Joyce by Don H. Johnson, Monroe, for defendant-appellant.

Baker, Culpepper & Brunson by William H. Baker, Herman A. Castete, Jonesboro, for plaintiffs-appellees.

Before BOLIN, PRICE and MARVIN, JJ.


En Banc. Rehearing Denied January 10, 1977.

MARVIN, Judge.

Plaintiffs sold to the State two strips or parcels of property to be included in the right of way necessary for the widening of Highway 167 through Jonesboro-Hodge. Two months later, plaintiffs brought this action to rescind the sale on the grounds of lesion beyond moiety. Judgment below granted plaintiffs' demand and the State appealed. We reverse.

From the record, we have prepared the following...

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