Bynog v. Fertitta

SAVOY, Judge.

The Administratrix of the Succession of Celia Burns Jowers brought this suit to rescind the sale of 22% acres of land located in Vernon Parish alleging lesion beyond moiety. On August 8, 196o, Mrs. Jowers sold the property to defendant Sam J. Fertitta for $400. The trial court found the property’s market value to be $147 per acre as of the sale date. The interlocutory decree (required by LSA-C.C. Art. 1877) ordered purchaser to deposit $2,907.50 (the difference between the $3,307.50 value of 22% acres and the $400 paid) plus interest within twenty days or lose the right to…