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FUSELIER v. ESTATE OF PESCHIER

No. 87-317.

525 So.2d 577 (1988)

Iram Patrick FUSELIER, Plaintiff-Appellant, v. ESTATE OF Lionel Joseph PESCHIER, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

May 11, 1988.

Attorney(s) appearing for the Case

Evelyn M. Oubre, Lake Charles, for plaintiff-appellant.

Thomas W. Sanders, Lake Charles, for defendant-appellee.

Before FORET, STOKER and DOUCET, JJ.

STOKER, Judge.

This case involves the right of a redeemer to recover mineral royalties paid to his vendee upon redemption of a mineral servitude which had been sold while burdened with a lease of the right to explore and produce the minerals.

ASSIGNMENT OF ERROR

The plaintiff-appellant assigns as error the following:

The trial court erroneously held that, after selling and then redeeming a mineral servitude (which is encumbered by a producing...

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