Lawson v. McBride

Citations

• 121 La. 282
• 46 So. 312
• 1908 La. LEXIS 671

Syllabus

<p>1. Simulation — Evidence.</p> <p>Upon the facts disclosed, a transaction purporting to be a sale from father to son of immovable property and a transfer to another son. of the notes given in payment of the purchase price is held to be a simulation.</p> <p>2. Same — Rights ob Bona Eide Pubchasees —Pledge.</p> <p>Though a sale of real estate for a price represented by notes secured by mortgage be simulated, the mortgage may be enforced to the extent necessary for the payment of a debt contracted in favor of an innocent third person, to whom the notes have been pledged, with the approval of the apparent vendor of the property.</p> <p>3. Same — Prescription.</p> <p>The prescription of one year, whether under Civ. Code, art. 1987, or Civ. Code, art. 1994, has no application to attacks upon simulated sales.</p> <p>(Syllabus by the Court.)</p>