Hickman v. Washington

Citations

• 122 La. 945
• 48 So. 333
• 1909 La. LEXIS 625

Syllabus

<p>1. Vendor and Purchaser (§ 44*) — Rescission oe Sale — Lesion Beyond Moiety.</p> <p>This action is to rescind a sale “for lesion beyond moiety.” The district court set aside the saie. Held error.</p> <p>[Ed. Note. — For other cases, see Vendor and Purchaser, Dec. Dig. § 44.*)</p> <p>2. Vendor and Purchaser (§ 44*) — Rescission oe Sale — Burden oe Proof.</p> <p>The judge’s estimate of the value of the property, under his appreciation of the evidence, was toó high. The burden was on the vendor to prove lesion beyond moiety by evidence peculiarly strong and convincing, and of such a nature as to exclude speculation and conjecture.</p> <p>[Ed. Note. — For other cases, see Vendor and Purchaser, Dee. Dig. § 44.*]</p> <p>(Syllabus by the Court.)</p>