Patricia Dianne Hickman inherited one-half interests to two pieces of real property when her mother died. One of the properties, in Bienville Parish, Louisiana, contained 45 acres of woodland. The second property, in Madison Parish, Louisiana, contained approximately 236 acres of land and a house. Patricia was 20 years old and had a mental condition that required medication. Patricia, who lived separately from her parents, received a telephone call from her father, Joe Hickman, to come and visit him. Joe was ill with cancer and lived with his sister Christine Bates and her husband, who are parents of Keith Bates, Patricia’s first cousin. 

The day after Patricia arrived Joe informed Patricia that an important concern was for her to sell her interests in the two pieces of property to Keith Bates and his wife Sheila (the Bates). Joe expressed his doubts that Patricia would be able to maintain the properties and his interest in keeping the property in the family. Patricia agreed to sell the properties to the Bates for $500. Patricia signed legal documents that had been drawn by an attorney prior to her arrival. Subsequently, through a friend, Patricia sued the Bates to rescind the contracts that sold her interest in the two pieces of property to them, alleging fraud. Expert testimony at trial valued the Madison Parish property at $259,000 and the Bienville
Parish property at $20,700. Should the sales contracts be rescinded because of fraud, and if so, should Patricia be awarded attorneys’ fees? Hickman v. Bates, 889 So.2d 1249, 2004 La. App. Lexis 3076 (Court of Appeal of Louisiana, 2004)