ALEXANDER v. STATE DEPT. OF HIGHWAYS

No. 13135.

342 So.2d 1201 (1977)

J. Earl ALEXANDER, Plaintiff-Appellee, v. STATE of Louisiana, DEPARTMENT OF HIGHWAYS, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

February 14, 1977.


Attorney(s) appearing for the Case

William W. Irwin, Jr., Jerry F. Davis, Johnie E. Branch, Jr., and Bernard L. Malone, Jr., Baton Rouge, for defendant-appellant.

Baker, Culpepper & Brunson, by Herman A. Castete, Jonesboro, for plaintiff-appellee.

Before BOLIN, PRICE and HALL, JJ.


HALL, Judge.

Plaintiff, J. Earl Alexander, sold to the defendant, State of Louisiana, Department of Highways, for a price of $1,118, property to be used for highway purposes in connection with the widening and improving of Highway 4 near Jonesboro. By this action, plaintiff seeks to rescind the sale on the grounds of lesion beyond moiety. After trial, the district court found the property had a value at the time of the sale of $12,701.40. Judgment was rendered rescinding...

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