Landry v. Landry
Supreme Court of Louisiana
A PPEAL from the Twenty-third District Court, Parish of Iberville. AY Talbot, J. Heirs may contest- tlie simulated sale of the ancestor. C. C. 2444. Heirs in case of simulation are third parties. Aots 1884, p. 12 ; 4 Ann. 500; 11 Ann. 227. In simulation plaintiif need only show that the title is a mask, and he interested in removing it. 11 Ann. 168. Burden of proof is on he who claims under the deed. 12 R. 95.' Every act is full of proof of itself.
Read the full summary
A PPEAL from the Twenty-third District Court, Parish of Iberville. AY Talbot, J. Heirs may contest- tlie simulated sale of the ancestor. C. C. 2444. Heirs in case of simulation are third parties. Aots 1884, p. 12 ; 4 Ann. 500; 11 Ann. 227. In simulation plaintiif need only show that the title is a mask, and he interested in removing it. 11 Ann. 168. Burden of proof is on he who claims under the deed. 12 R. 95.' Every act is full of proof of itself. C. C. 2236, 2276; 7 N. S. 202; 8 M. 206 ; 23 Ann. 589. Parties cannot question their own acts. 4M199; 4 R. 290; 5 R. 200 ; 2 Ann. 481; 3 Ann. 280;…
1Opinion of the Court
The oninion of the Court was delivered by
Poché, J.
The purpose of this suit is to annul a sale of an immovable made by Matlmrin Landry, plaintiff’s grandfather, to his sons, the defendants herein, in April, 1867.
The conveyance is assailed as a simulation, in which no price was paid, and the action is mainly predicated on the provisions of Article .'2444 of the Civil Code, which reads as follows:
“ The sales of immovable property made by parents to their children may be attacked by the forced heirs, as containing a donation in •disguise, if the latter can prove that no price has been paid, or…
2Cited by39 opinions
- Citizens Bank & Trust Co. v. WillisSupreme Court of Louisiana · 1935
- Loranger v. Citizens' Nat. BankSupreme Court of Louisiana · 1927
- Brewer v. New Orleans Land Co.Supreme Court of Louisiana · 1923
- Commercial Germania Trust & Savings Bank v. WhiteSupreme Court of Louisiana · 1919
- Robinson v. BrittonSupreme Court of Louisiana · 1915
34 more not listed; retrieve them via the Exa API.