Byrd v. Pierce

Citations

• 124 La. 429
• 50 So. 452
• 1909 La. LEXIS 483

Syllabus

<p>1. Descent and Distribution (§ 69*) — Simulated Acts oe Sale.</p> <p>Where, as consideration foi' acts of sale from a man to certain of his heirs, the grantees assumed a mortgage for $2,000 against the grantor, paid the heirs of his wife sums due them, under a compromise in a suit by them against the grantor to obtain shares of the community property, paid the costs of suit, attorney’s fees, a large amount of debts due from the grantor, and assumed the obligation, with which they complied, of supporting him during his life, the acts of sale were not simulations.</p> <p>2. Descent and Distribution (§ 90*) — Conveyances in Fraud oe Heirs — Evidence-Donations.</p> <p>Acts 1884, p. 12, No. 5, amending Rev. Oiv. Code, art. 2239, 'providing that counter letters can have no effect against creditors or bona fide purchasers, but are valid as to all others, by adding the provision that forced heirs shall have the same. right to annul by parol evidence the simulated contracts of those from whom they inherit, and shall not be restricted to the legitimate, relates to the character of evidence which forced heirs may offer to support a charge of simulation, but does not change the burden upon them regarding presumptions and proof, and does not affect Rev. Civ. Code, art. 2444, providing that 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 that the price was below one-fourth of the real value at the time of the sale.</p>