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McCARROLL v. McCARROLL

No. 96-C-2700.

701 So.2d 1280 (1997)

Margarette McCARROLL v. Donald McCARROLL.

Supreme Court of Louisiana.

October 21, 1997.

Attorney(s) appearing for the Case

Lila T. Hogan, Hogan & Hogan, Hammond, Harry A. Johnson, III, Phelps Dunbar, Shreveport, for Applicant.

Reginald J. McIntyre, Hammond, for Respondent.

KNOLL, Justice.

Even though lesion in an extrajudicial partition is the setting for this community property litigation, the central issue before us concerns the assessment of fair rental value for a spouse's use of the family residence. La.R.S. 9:374(C).1 Plaintiff, Margarette McCarroll, seeks to rescind an extrajudicial partition of community property on account of lesion under La.Civ.Code art. 814.2 The lower...

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