Sims v. Fogg

BAILES, Judge.

This is an action whereby the plaintiff is seeking to recover from the defendant the sum of $14,000 representing the balance due on an alleged loan of money made by her to defendant’s deceased husband, S. E. Fogg, who was the brother of plaintiff. The plaintiff appeals from the judgment of the trial court sustaining an exception of prescription of three years under the provisions of LSA-C.C. Article 3538.

In her petition the plaintiff alleged she loaned to her brother $19,000 on January 14, 1952; from this time he made various payments on this indebtedness, the last of which was…