Bertrand v. Bourque

FORET, Judge.

This appeal arises from a successful action by the plaintiffs in setting aside certain sales by Orteria Bourque, now deceased, as simulations. The determinative issue is who bore the burden of proof as to whether the sale to Herschel Bourque was valid or simulated and whether any such erroneous ruling by the trial court harmed the appellants.

Mrs. Orteria Bourque was the mother of four children. In September of 1976, Mrs. Bourque conveyed by warranty deed certain properties located in Jefferson Davis Parish to two of her children, Maxim and Jessie, and to her grandson, Herschel…