Cook v. Mixon

| xSTEWART, Judge,

dissenting.

For the following reasons, I respectfully dissent from the majority holding and de novo review. After a careful review of the record and pertinent authority, I find that, based on the evidence presented, the trial court properly determined the “fair market value” of the subject property and was not manifestly erroneous in ruling that the sale was lesionary.

Defendant Smith contacted the Cooks in June, 1994, about selling the 160-acre tract of timberland in Winn Parish. By cash deed executed on October 24 and 26, 1994, defendants purchased the property from Mrs.…