Legal Opinion

Vital v. Andrus

Supreme Court of Louisiana

Decided March 30, 1908No. 16,884PublishedCited by 9 opinions

Appeal from Fifteenth Judicial District Court, Parish of Calcasieu; Edmund Dennis Miller, Judge. Action by Madeline Vital and others against D. D. Andrus and others. Judgment for defendants, and plaintiffs appeal.

1Opinion of the CourtProvo Sty, J.

Plaintiffs bring this suit as forced heirs of their father — that is to say, as quasi creditors of their father — to set aside a tax sale as having been a mere simulation, resorted to by their father for putting the property, a small plantation, beyond the reach of his creditors. The suit is against the adjudicatees at the tax sale and their vendee, Austin. The tax sale was made in 1897, and was duly recorded. The sale to Austin was made in 1902. This suit was filed in 1907. Austin was no party to the simulation, if simulation there was. He bought the property in perfect good faith, for cash,…

2Cases cited3 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. Broussard v. BroussardSupreme Court of Louisiana · 1893
  3. Hiriart v. RosesSupreme Court of Louisiana · 1839

3Cited by9 opinions

  1. Owen v. OwenSupreme Court of Louisiana · 1976
  2. Bender v. ChewSupreme Court of Louisiana · 1911
  3. Chachere v. Superior Oil Co.Supreme Court of Louisiana · 1939
  4. Gonsoulin v. SparrowSupreme Court of Louisiana · 1921
  5. Breaux v. RoyerSupreme Court of Louisiana · 1912

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