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Johnson v. Johnson

Court of Appeal of Louisiana, Second Circuit

January 14, 2015

ANDREW JOHNSON, Plaintiff-Appellee
v.
LEE ARTHUR JOHNSON, Defendant-Appellee, LOUIS PERRY JOHNSON, Defendant/Cross-Claimant/Third Party Plaintiff-Appellant

Appealed from the Second Judicial District Court for the Parish of Bienville, Louisiana. Trial Court No. 41,223. Honorable Jenifer Ward Clason, Judge.

BARHAM, WARNER & STROUD, LLC, By: Vicki C. Warner, Counsel for Defendant/Cross-Claimant/Third Party Plaintiff-Appellant.

MARY JOHNSON, Plaintiff-Appellee and Curatrix for Andrew Johnson.

H. RUSSELL DAVIS, Counsel for Defendant-Appellee, Lee Arthur Johnson.

LEVON PARKER, Defendant-Appellee.

Before BROWN, STEWART, and MOORE, JJ.

OPINION

Page 1003

[49,500 La.App. 2 Cir. 1] BROWN, CHIEF JUDGE

Louis Perry Johnson appeals from the judgment of the trial court dismissing with prejudice his cross-claim against Lee Arthur Johnson. For the reasons stated herein, we affirm.

Facts and Procedural Background

Lynn Johnson and his wife, Girtha Iverson Johnson, owned a 70-acre tract of land in Bienville Parish. They had seven children: Andrew, James, Melvin, Lee Arthur, Paul, Dorothy, and Louis Perry. Lynn Johnson died intestate in 1981. As a result, the 70-acre tract was divided as follows: 1/2 to Girtha as his surviving spouse; and, 1/7 of 1/2 (1/14) to each of the seven children.

On January 7, 1985, the seven children entered into an agreement regarding each one's 1/14 share in which they stated that:

Now, the above named owners in undivision (sic) do hereby agree that if anyone of the owners decides to sell his or her interest, he/she must give the other owners first chance to purchase their undivided interest, at the price after the said interest has been appraised by a qualified appraiser, and a fair market value.

The agreement was recorded on January 29, 1985. Girtha Johnson died on July 8, 1995. She had a last will and testament leaving all of her property to her son, Paul Johnson. No succession proceedings, however, were opened until ...


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