Howard v. Jones

Because I am of the opinion that the plaintiffs have a right of action to rescind the sale by Timothy Jones to Maxine *701Young based on lesionary grounds, I must respectfully dissent from the majority opinion.

Under Louisiana law, it is well established that the right to rescind a sale for lesion beyond moiety is not strictly personal to the vendor. Clark v. Davis, 386 So.2d 1001, 1004 (La.App. 3rd Cir.1980). Further, this right to rescind for lesion may be transferred to heirs, both forced and collateral, through succession laws and is also subject to seizure and exercise by creditors. See,…