Barrow v. Grant's Estate

Citations

• 116 La. 952
• 41 So. 220
• 1906 La. LEXIS 603

Syllabus

<p>1. Evidence—Paeol Evidence—Title to Realty.</p> <p>Where a mortgage is sought to be annulled on the ground that the mortgagor was not the owner of the mortgaged property, the issue involves the title of the mortgagor, and parol evidence is inadmissible.</p> <p>2. Same—Feaud.</p> <p>The fraud, whereof the allegation ouens the door to the admission of parol evidence to affect title to real estate, is that kind of fraud which, in the nature of things, admits of no other kind of proof, as, for instance, the fraud that is the cause of error in contracts, ancl the fraud by which a debtor puts his property beyond the reach of his creditors. The fraud by which a person buys real estate in his own name, instead of in that of his principal, is not provable by parol.</p> <p>3. Executors and Administrators—Claims Against Decedent.</p> <p>For proving against the estate of a dead man a claim for a large sum of money said to have been confided to him and not accounted for, specific allegations and unsuspicious proof are required.</p> <p>(Syllabus by the Court.)</p>