Rion v. Reeves

Citations

• 122 La. 650
• 48 So. 138
• 1909 La. LEXIS 599

Syllabus

<p>1. Evidence (§' 429*) — Parol Evidence Affecting Writings — Simulation.</p> <p>This suit is brought to have an act apparently of sale from H. 0. Drew to Johnson Rion declared a simulation, and the property described therein to belong really to the succession of William M. Rion, the father of the apparent vendee. The suit is brought by the widow and forced heirs of William ’ M. Rion. William M. Rion, having- borrowed money from Drew, secured the loan by a special mortgage in the form of a sale with “right of redemption” in four months. Pour months after the period for redemption William M. Rion paid the debt, and Drew, in retransferring the property, placed it (at the request of AVilliam M. Rion) in the name of his bon, Johnson Rion. The father died while the legal title stood in the name of the son, and shortly after the son himself died, the property standing still in his name. The defendants are his minor heirs (grandchildren of William M. Rion). The trial court, over objection, allowed the plaintiffs to show, first, that the sale to Drew with “right of redemption” was in reality a mortgage, and, having shown it to have been such, to then show (using parol evidence) that the act from Drew to Johnson Rion was a simulation. The court rendered judgment in favor of the plaintiffs, and defendants appealed. Held, that the forced heirs had the right by parol to prove the second act simulated, after having, by proper testimony, shown that Drew was really never an owner, but a mortgagee.</p> <p>[Ed. Note. — For other eases, see Evidence, Cent. Dig. §§ 1966, 1967; Dec. Dig. § 429.*]</p> <p>2. Mobtgagbs (§ 597*) — Expiration ob Time Limited bob Redemption — Ebbect.</p> <p>Drew’s status as a mortgagee did not become by the expiration of time for redemption that of owner, but, if it did, he had the right to waive the forfeiture, it being a matter in his interest.</p> <p>LEd. Note. — For other cases, see Mortgages, Dec. Dig. § 597.*]</p> <p>3. Other Case Distinguished.</p> <