ROGERS v. READ

No. 13429.

355 So.2d 46 (1978)

Succession of George Randolph ROGERS, Plaintiff-Appellee, v. Cecil S. READ, Sr., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied March 1, 1978.


Attorney(s) appearing for the Case

Rabun & Post by Armand F. Rabun, Farmerville, Lemle, Kelleher, Kohlmeyer & Matthews by Mack E. Barham, New Orleans, for defendant-appellant.

Walker, Holstead & Smith by R. Wayne Smith, Ruston, for plaintiff-appellee.

Before BOLIN, PRICE and HALL, JJ.


En Banc. Rehearing Denied March 1, 1978.

HALL, Judge.

John Hodge, as administrator of the succession of George Randolph Rogers, sued Cecil S. Read, Sr. to rescind a sale of 120 acres of land made by decedent to defendant, on grounds of lesion beyond moiety. In June 1974, a year before his death, the 94-year-old decedent sold his "home place" for $4,000. He died intestate in June 1975, survived only by collateral heirs.

Defendant filed an exception...

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