Eames v. Woodson

Citations

• 120 La. 1031
• 46 So. 13
• 1908 La. LEXIS 603

Syllabus

<p>1. Parties — Capacity to Sue — How Objection Raised.</p> <p>The capacity of a person suing as heir is not put at issue by a general denial, The want of such capacity should be specially pleaded in limine litis.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 37, Parties, § 118.]</p> <p>2. Marriage — Evidence to Establish — Presumption.</p> <p>In the absence of primary evidence, a marriage may be proved by evidence of cohabitation as man and wife and general reputation. The presumption of marriage arising from such' a state of facts may be rebutted by proof that no marriage between the parties ever took place, or that the marriage was void for some nullity established by law. Papers purporting to be certificates of marriage, not proven up and never recorded, furnish no evidence of the celebration of the marriage.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Marriage, §§ 61, 62, 73.]</p> <p>3. Mortgages — Redeemable Sale oe Land.</p> <p>A redeemable sale of real estate, where the apparent vendor remains in possession and the price is vile, will be considered as a mortgage.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 35, Mortgages, §§ 79, 86.]</p> <p>4. Same — Parol Evidence.</p> <p>The heirs of an apparent vendor, under allegations of error and fraud, may show by parol that a sale of real estate absolute on its face was intended to operate as a mortgage.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 35, Mortgages, § 98.]</p> <p>5.Taxation — Tax Sale — Want oe Notice-Prescription.</p> <p>A tax sale of real estate, made without notice to the tax debtor or his legal representatives, is null and void, and is not cured by the constitutional prescription of three years, where the widow in community continued in possession of the property.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 45, Taxation, §§ 1332-1337.]</p> <p>(Syllabus by the Court.)</p>