Cole v. Cole
Supreme Court of Louisiana
A PPEAL from the Twenty-fifth District Court, Parish of Vermilion. Be Baülon, J. 1st. Forced heirs when attacking simulated sales of their ancestors are not compelled to produce a counter letter; but may prove simulation by parol evidence. And in such proceedings their right of action is not restricted to their legitime. Act Ho. 5, of 1884. 2d.
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A PPEAL from the Twenty-fifth District Court, Parish of Vermilion. Be Baülon, J. 1st. Forced heirs when attacking simulated sales of their ancestors are not compelled to produce a counter letter; but may prove simulation by parol evidence. And in such proceedings their right of action is not restricted to their legitime. Act Ho. 5, of 1884. 2d. Representation is a Action of the law, the effect of which is to put the representative in the place, degree and rights of the person represented.” C. O. Art. 894. 3d. “In suits to uncover simulations, the largest latitude is allowed in the reception…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
This is a suit by a number of the forced heirs of Jacob Cole, deceased, to have declared simulated certain conveyances of *879property made by tbe deceased to two of his sons, James Cole and Jacob Cole, Jr., a few years prior to his death.
Prom a judgment in favor of the plaintiffs, declaring the acts simulated, and restoring the property to the succession of the deceased, the defendauts have appealed.
Jacob Cole passed most of his life on an island off the coast of Vermilion Parish, known as Mulberry Island. There isolated from the world, with no…
2Cited by9 opinions
- Eberle v. EberleSupreme Court of Louisiana · 1926
- Johnston v. BeardenLouisiana Court of Appeal · 1961
- Succession of ValdezLouisiana Court of Appeal · 1950
- Bauman v. PennywellSupreme Court of Louisiana · 1927
- Bullard v. NattinLouisiana Court of Appeal · 1931
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