Mitchell v. Iler

Supreme Court of Louisiana

Mitchell v. Iler

138 So. 672, 173 La. 800, 1931 La. LEXIS 1953

CourtSupreme Court of Louisiana

DecidedNovember 30, 1931

DocketNo. 30200.

StatusPublished

This text of 138 So. 672 (Mitchell v. Iler) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mitchell v. Iler, 138 So. 672, 173 La. 800, 1931 La. LEXIS 1953 (La. 1931).

Pincite

Opinion

*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.

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