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CORTEZ v. CORTEZ

No. 10633.

376 So.2d 517 (1979)

Richard Joseph CORTEZ v. Julia Antoinette Virgadamo CORTEZ.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 19, 1979.

Attorney(s) appearing for the Case

Garland R. Rolling, Metairie, for Richard Joseph Cortez, plaintiff-appellant.

A. Russell Roberts, Graffagnino, Perez & Roberts, Metairie, for Julia A. V. Cortez, defendant-appellee.

Before REDMANN, LEMMON and BOUTALL, JJ.

BOUTALL, Judge.

The single issue presented on this appeal is whether a suit for the rescission of a voluntary partition on the ground of lesion is controlled by the four year limitation in Civil Code Article 1876 or the five year limitation of Civil Code Article 1413.

After judgment of separation from bed and board, Richard Cortez and Julia Virgadamo Cortez signed a document entitled "Settlement of Community" wherein they declared that they desired to "settle...

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