Liautaud v. Baptiste
Supreme Court of Louisiana
Appeal from the Parish Court of New Orleans, Maurian, J. Simon, J. The petitioners allege, that with their brother and sister, they are the only children of Ferdinand Liautaud and of the defendant, who cohabited together, but were not married-when their children were bom.
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Appeal from the Parish Court of New Orleans, Maurian, J. Simon, J. The petitioners allege, that with their brother and sister, they are the only children of Ferdinand Liautaud and of the defendant, who cohabited together, but were not married-when their children were bom. That by an authentic act, passed the 16th of April, 1823, their father made a simulated sale of all his property to Marcelite Baptiste, who was a natural daughter of the defendant by another father, and that it was understood and agreed between the vendor and vendee, that, notwithstanding the said sale, said vendor should…
1Opinion of the CourtSimon, J.
Without being necessary to inquire into the facts of simulation established by the parol evidence found in the record, which parol evidence comes up subject to all legal exceptions, (reserved by the defendant’s counsel, in the same manner as if he had taken a bill of exceptions,) and will become the subject of a farther inquiry as to its admissibility, the first question which presents itself to our consideration, is, what were the legal rights of the plaintiffs, as children and heirs of Ferdinand Liautaud, at the time of the sale of the property in dispute to Marcelile Baptiste.
It cannot be…
2Cases cited4 opinions
- Badon v. BadonSupreme Court of Louisiana · 1832
- Delahoussaye's Heirs v. Davis's WidowSupreme Court of Louisiana · 1841
- Loreau v. DeclouetSupreme Court of Louisiana · 1831
- Smith v. BerwickSupreme Court of Louisiana · 1845
3Cited by4 opinions
- Festervand v. LasterLouisiana Court of Appeal · 1930
- Succession of DeublerSupreme Court of Louisiana · 1916
- Barnebe v. SuaerSupreme Court of Louisiana · 1866
- Godwin v. NeustadtlSupreme Court of Louisiana · 1890