Former DeSoto DA returns land, money to Stanley woman in lawsuit settlement
By Web staff
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MANSFIELD, Louisiana (KTBS) — A DeSoto Parish woman who’s been in a five-year legal battle with the former district attorney to get her land and an oil and gas royalty payment returned has prevailed with a settlement of her lawsuit.
Deborah Wilkinson of Stanley sued former DeSoto Parish District Gary Evans in late 2019, alleging Evans wrongfully took more land than he was entitled to – along with a royalty lease payment check – as part of a land sale.
Wilkinson’s civil lawsuit was scheduled to go to trial today in DeSoto District Court. But both parties agreed to a settlement Thursday.
Wilkinson got what she wanted: her land and her money.
Evans agreed to return a 23-acre tract of land – that included her home. He also paid her $20,000.
The most important thing was for Wilkinson to get her property back and that was accomplished in the settlement, her attorney Frank Spruiell Jr. told KTBS today.
“Their explanation was the property description was a mistake, that (Evans) never meant to buy the property in section 18,” Spruiell said.
There was no admission of liability on Evans’ part and each party paid their costs, attorney Kenneth Haines, who represented Evans, said in a separate interview.
The looming trial date was an incentive to settle, he said.
An act of correction has been filed with the DeSoto Clerk of Court’s office to reflect the transfer of land ownership back to Wilkinson.
Wilkinson’s court fight with Evans began in 2019 and stemmed from her sale of land to him in December 2018. Wilkinson, who had recently lost her husband, was looking for a buyer for some land she inherited from her parents.
She and Evans, who at the time was the elected D.A., were friends, and he said he would prepare the deed. She intended to sell an 18-acre tract, plus mineral rights, for $21,000. One tract not for sale included 23 acres where her home was located.
Wilkinson signed the deed, but admitted she did not read it. Only when she realized an expected oil and gas royalty check hadn’t shown up did she make some calls. That’s when she learned she no longer owned the land where her house sat; Evans did.
Wilkinson sought an explanation from Evans, who replied in a text message he would not have considered buying the land if all of it was not included.
Wilkinson filed suit, alleging Evans purchased the property for well below fair market value. She was represented by Nicholas Gasper, who at the time was a practicing attorney but now is a DeSoto District Court judge.
Gasper explained at the time federal law includes a remedy that entitles a person to file suit to rescind a deed if the property was sold for less than half the fair market value. The lawsuit also alleged Evans committed fraud in the transaction process.
Haines, who only took over as Evans’ attorney two weeks ago, said the case involved complicated land descriptions related to successions of Wilkinson’s heirs.
In 2014, Gasper prepared some of the property transfers, which “erroneously” included land Wilkinson already owned, according to Haines.
“I think it was just a misunderstanding,” Haines said.
He worked with Spruiell to sort out what Wilkinson originally owned before the inheritance, and both came to the conclusion she owned the land in what’s referred to as Section 18, while property in sections 14 and 23 was inherited.
“(Gary) deeded that back to her,” Haines said.
Evans retains ownership of the land he bought in sections 14 and 23 for $21,000.
Evans was defeated in November 2020 after serving one term as D.A.
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