Vergne v. Vergne

SAVOIE, Judge.

Plaintiffs appeal the trial court’s denial of their Writ of Mandamus, directing that the clerk of court erase a notice of lis pendens recorded against certain immovable property. We affirm.

Following the death of their mother, Mrs. Marcelle Menard, plaintiffs and defendant entered into protracted litigation in 1976 to partition her estate. A partition agreement was finally reached in February of 1979.

On January 31,1983, defendant, Louis V. de la Vergne, sought to rescind the Agreement based upon plaintiffs’ fraud and other questionable acts. Concurrent therewith, defendant filed…