Smart v. Bibbins

Citations

• 109 La. 986
• 34 So. 49
• 1902 La. LEXIS 170

Syllabus

<p>LESION — DEFINITION—ACTION FOR RELIEF-VENUE.</p> <p>1. Lesion is the injury suffered by one who does not receive a full equivalent for what he gives in a commutative contract.</p> <p>2. In actions brought for relief against lesion, the purchaser may, if lesion beyond moiety be established, elect either to surrender the property or to have the sale confirmed on paying the full value.</p> <p>3. It is permissible to sue to avoid a sale for lesion in the court of the situs of the property, because the action is one in revendication of real property.</p> <p>4. The adaptability of the land in question for a site for an irrigating pumping plant is one thing; its availability for such purpose another thing. If adaptability is neutralized by nonavailability, growing out of the fact that the tract is cut off from the water supply by the lands of others, adaptability counts for little or nothing in determining value.</p> <p>(Syllabus by the Court.)</p>