State Ex Rel. Hebert v. Recorder of Mortgages

Relator was the owner of certain real estate on which there was a homestead mortgage of $4,000. He made a nominal sale thereof to one Thiberville for the recited consideration of $1,500 cash and the assumption of said mortgage, which deed was duly recorded. In point of fact, this sale was simulated and made for convenience only. The supposed purchaser paid no cash and paid nothing on the mortgage which he nominally assumed, nor was he expected to do so. The vendor remained in possession of the property and continued to make his payments to the homestead. The supposed purchaser at once gave…