Mitchell v. Iler

Supreme Court of Louisiana
Mitchell v. Iler, 138 So. 672 (La. 1931)
173 La. 800; 1931 La. LEXIS 1953
Paul

Mitchell v. Iler

Opinion of the Court

*801 ST. PAUL, J.

Plaintiffs sold their property to the defendant, and now they bring this suit to have the sale set aside and declared only a mortgage for the purchase price.

Of course they charge fraud, because otherwise parol evidence would not have been admissible to vary the terms of the deed. Waller v. Dawson, 162 La. 804, 111 So. 170. But they have not proved it, and we believe, as the district judge did, that plaintiffs knew quite well that they were selling their property and not mortgaging it.

The judgment appears to us correct.

Decree.

The judgment appealed from is therefore affirmed.

Reference

Full Case Name
Arthur MITCHELL Et Al. v. Willie ILER
Status
Published