Taylor v. Spencer

AYRES, Judge.

This is an action by the legal heirs of Ella Ervin McLain, deceased, against Emma Lee Calcóte Spencer and her husband, Ernest Lee Spencer, to have decreed null and void a purported sale of a described 20-acre tract of land.

The basis of plaintiffs’ attack upon the deed is that no consideration was actually paid for the property, and that the purported sale was therefore a simulation pure and simple. In the alternative and in the event the instrument should be construed as a donation inter vivos, its nullity is asserted on a basis that the donor reserved the usufruct of the…