Fuselier v. Estate of Peschier

STOKER, Judge.

This case involves the right of a redeemer to recover mineral royalties paid to his vendee upon redemption of a mineral servitude which had been sold while burdened with a lease of the right to explore and produce the minerals.

ASSIGNMENT OF ERROR

The plaintiff-appellant assigns as error the following:

The trial court erroneously held that, after selling and then redeeming a mineral servitude (which is encumbered by a producing mineral lease), the vendor is not entitled to an accounting and refund from the purchaser of all sums paid to the purchaser by the mineral lease.

FACTS

Plainti…