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← 399 SO2D 685 - Bedwell v. Bedwell

Bedwell v. Bedwell’s Empirical Analysis

1981

Citation profile

6
cited by 6 later decisions
1
states following
May 1986
most recently cited

6 state decisions

Relationships

Relies on Pitre v. Pitre · Pitre v. Pitre · Watkins v. Watkins

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"Art. 1860. Lesion is the injury suffered by one who does not receive a full equivalent for what he gives in a commutative contract. The remedy given for this injury, is founded on its being the effect of implied error or imposition; for, in every commutative contract, equivalents are supposed to be given and received. "Art. 1861. The law, however, will not release a person of full age, and who is under no incapacity, against the effect of his voluntary contracts, on account of such implied error or imposition, except in the two following cases: "1. In partition where there is a difference in the value of the portions to more than the amount of one-fourth to the prejudice of one or [of] the parties; * * * * * * "Art. 1398. They may even be rescinded, on account of lesion; and, as equality is the base of partitions, it suffices to cause the rescission, that such lesion be of more than one-fourth part of the true value of the property."”
    2 later decisions quote this exact passage
  2. “"The proper way to determine lesion beyond one-fourth is to first determine the property's true value and then to calculate whether a party received threefourths of his share. LSA-C.C. Art. 1398. Pitre v. Pitre, 162 So.2d 430 (La. App. 3rd Cir.1964), affirmed 247 La. 594 , 172 So.2d 693 (1965)."”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.