Joiner v. Abercrombie
Louisiana Court of Appeal
968 So. 2d 1184 (2007)
- Written by Carolyn Strutton, JD
Facts
Luzon Joiner (plaintiff) was an elderly man who sold 198 acres of land to Robert and Brenda Abercrombie (defendants) for $110,000. The deed was drafted and notarized by Bruce Hampton, an attorney. Within one month, the Abercrombies transferred the land to Pinoak Investments, LLC (Pinoak), which in turn developed and sold the land as a residential area. Hampton was one of the owners of Pinoak. Evidence suggested that Pinoak paid the Abercrombies a total of $300,000 for the land. However, the parties had tried to conceal the true purchase price of the transfer by diverting $90,000 of the payment through a sham timber-management agreement that purported to give Bruce Hampton an advance against future work on the land. Joiner brought a lesion-beyond-moiety action against the Abercrombies, alleging that the sale of the land had been made for less than one-half of the land’s fair market value. The trial court found that Joiner failed to prove that lesion had occurred and dismissed his suit. Joiner appealed.
Rule of Law
Issue
Holding and Reasoning (Brown, C.J.)
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