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HARRUFF v. KING

No. 13-940.

139 So.3d 1062 (2014)

Tammy Renea Martin HARRUFF, et al. v. Richard B. KING, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 9, 2014.

Attorney(s) appearing for the Case

Henry W. Bethard, V , Bethard & Bethard, L.L.P., Coushatta, LA, for Plaintiffs/Appellees: Tammy Renea Martin Harruff, Amy Lynn Bilodeau, Edgar Cason.

Billy R. Pesnell , J. Whitney Pesnell , W. Alan Pesnell , The Pesnell Law Firm, Shreveport, LA, for Defendants/Appellants: Renee Poole, King Kyle King.

Ronald E. Corkern, Jr. , Corkern & Crews, Natchitoches, LA, for Defendants/Appellants: Renee Poole King, Kyle King.

William F. Kendig , Rice & Kendig, Shreveport, LA, for Defendants/Appellants: Renee Poole King, Kyle King.

Edwin Henry Byrd, III , Pettiette, Armand, Dunkelman, Woodley, Byrd & Cromwell, Shreveport, LA, for Plaintiffs/Appellees: Tammy Renea Martin Harruff, Edgar Cason, Amy Lynn Bilodeau.

Court composed of ELIZABETH A. PICKETT, JAMES T. GENOVESE, and PHYLLIS M. KEATY, Judges.

KEATY, Judge.

Defendants appeal the judgment of the trial court rescinding the sale of immovable property on the basis of lesion beyond moiety. For the reasons set forth herein, we reverse.

ISSUE

This case presents the question of whether Louisiana law allows for the inclusion of the speculative value of mineral interests or rights in and to immovable property in determining the fair market value of such property for the purpose of rescinding the...

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