Pitre v. Pitre

This case involves a suit by a divorced wife against her husband to set aside a conventional partition between the parties on the ground of lesion.

The burden of proving values of property in a lesion suit lies upon the person alleging lesion. The proof must be clear and exceedingly strong to set aside a sale or partition because of lesion. Madden v. Madden, (La.App., 2 Cir., 1952), 56 So.2d 760; Hemenway Furniture Company v. Corbett, (La.App., 3 Cir., 1961), 126 So.2d 666; and Emile v. Ruiz, (La.App., 4 Cir., 1962), 144 So.2d 479.

The majority opinion affirming the trial court, found that…