Supreme Court of Louisiana, 1931

Mitchell v. Iler

Mitchell v. Iler
Supreme Court of Louisiana · Decided November 30, 1931 · Paul
138 So. 672; 173 La. 800; 1931 La. LEXIS 1953 (Southern Reporter)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.