Winters v. Jean-Batiste

491 So. 2d 108, 1986 La. App. LEXIS 7262
CourtLouisiana Court of Appeal
DecidedJune 25, 1986
DocketNo. 85-685
StatusPublished

This text of 491 So. 2d 108 (Winters v. Jean-Batiste) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Winters v. Jean-Batiste, 491 So. 2d 108, 1986 La. App. LEXIS 7262 (La. Ct. App. 1986).

Opinion

FORET, Judge.

This is a suit for the rescission of a sale of an immovable. Plaintiffs-appellants, Eugenia Winters, Alvin Winters, Julian Winters, Alvina Winters Dupuis and Joseph Winters, instituted this action seeking rescission of a sale between their mother, Laura Sinegal, now deceased, and defendants-appellees, Alzina Winters Jean-Batiste and Allen Jean-Batiste, alleging that the sale was a pure simulation or, in the altnerative, a disguised donation, and should either be declared null or subject to collation. After trial on. the merits1, the trial court ruled in favor of defendants and against plaintiffs.

Plaintiffs have appealed from that ruling, urging five specifications of error:

(1) The trial court erred in giving more credibility to testimony of defendants in view of many inconsistencies revealed in their testimony;
(2) The trial court erred in not declaring the sale a simulation;
(3) The trial court erred in giving more weight to the appraisal prepared by the Lafayette Building Association than that of plaintiffs' expert, and erred in failing to assign a specific dollar value per acre to the property at issue;
(4) In the alternative, the trial court erred in holding that the purported sale was not a disguised donation;
(5) In the alternative, the trial court erred in not ordering the defendants to collate where the price paid was less than the fair market value of the property-

FACTS

Laura Sinegal, decedent and mother of plaintiffs-appellants and defendant, Alzina Winters Jean-Batiste, sold approximately 25.96 acres of land on October 13, 1969, to defendants 2. The sale was termed a cash sale with assumption and contained the following provisions as to the recited consideration:

“In addition to the consideration hereinafter mentioned, purchaser assumes, binds and obligates himself to pay that certain mortgage note dated November 18, 1964, executed by Laura Sinegal in favor of Lafayette Building Association, in the sum of $8,000.00, bearing 6V2 per annum interest and payable in monthly [110]*110installments of $70.00; said note is par-aphed ‘Ne Varietur’ for identification with an Act of Mortgage recorded in Book C-44 at page 77 under Act No. 466320 records of the Parish of Lafayette, Louisiana. The balance on said note as of the date of this assumption is in the sum of $6,156 23 [sic]
The said Laura Sinegal does hereby declare that she can no longer meet the monthly obligations to Lafayette Building Association as above set forth. Rather than face foreclosure on the aforesaid mortgage, Alzina Marie Winters, her daughter, and Allen Jean-Batiste, her son-in-law, agreed to assume the payment of said monthly obligations and enter into this sale with all its terms and conditions, they being the only ones willing to do so, which is an additional consideration for this sale.
As an additional consideration, purchasers herein, grant unto Laura Sinegal the right of use and habitation of the above described premises for the remainder of her natural life, free from the payment of any costs and charges therefor.
Parties hereto do hereby further declare that the $2,000.00 partial consideration hereinafter referred to constitutes money previously paid to the said Laura Sinegal, which money was applied towards payment of the aforesaid mortgage note.
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This sale is made for and in consideration of the aforesaid assumption, o.v.c, and the sum of TWO THOUSAND AND NO/100.($2,000.00)__ Dollars, cash in hand paid, for which acquittance is herein granted.”

Laura Sinegal borrowed money from the Lafayette Building Association in order to finance the purchase of a house. That loan was secured by Laura Sinegal through a mortgage on the property at issue. Defendants assumed the mortgage balance of that loan. Apparently the loan proceeds were used for several other purposes, including farm tools and a water well for the property. The loan was to be repaid from proceeds of the loan received by Laura Sinegal and from wages earned while working as a farm laborer, farm leases on the property, oil and gas leases on the property, and the financial aid of defendant, Alzina Winters Jean-Batiste.

The record reflects that in 1969 Laura Sinegal experienced financial problems as a result of expired oil and gas leases. She was unable to meet the financial obligations of the mortgage in favor of the Lafayette Building Association. Laura Sinegal approached all of her children and requested that they help with the mortgage notes in order to keep the property at issue in the family. Plaintiffs were given an opportunity to participate in the sale at the time it was made; however, they declined to do so. They testified that they requested proof of threatened foreclosure by LBA and when such proof was not forthcoming, they refused to participate3.

According to the terms of the cash sale, Laura Sinegal was allowed to occupy the property until her death, an event which occurred ten years later. On January 25, 1983, this action was instituted by plaintiffs.

ARE THE FINDINGS OF THE TRIAL COURT MANIFESTLY ERRONEOUS?

In brief, plaintiffs contend that the court’s conclusions of fact are erroneous in the following areas:

(1) Conflicting testimony between Dallas Credeur of the Lafayette Building Association and defendant, Alzina Winters Jean-Batiste regarding whether or not Laura Sinegal was in arrearages on the payments of the promissory note which was secured by a mortgage bearing against the subject property; and
[111]*111(2) Alzina’s testimony was in error with regard to the $2,000 cash consideration recited in the sale.

Alzina Winters Jean-Batiste testified that the sale of the property took place, in part, because of a threatened foreclosure by LBA. Dallas Credeur, loan officer for LBA, testified that foreclosure was not imminent. The conflict in the testimony of these two witnesses is not relevant to the issue at hand.

Plaintiffs apparently seek to attack the reasons or the motive for the execution of the sale. However, the reasons or the motive for the execution of the sale are not relevant once the reality of the sale has been established. Adams v. Trichel, 304 So.2d 740 (La.App. 2 Cir.1974). Additionally, at no time during the proceedings did the plaintiffs allege any fraud or overreaching, which would justify an action of nullity.

Plaintiffs contend that the trial court’s reliance on the testimony of defendant, Al-zina, to the effect that plaintiffs were afforded an opportunity to participate in the sale of October 13, 1969 was erroneous. However, the record reflects that plaintiffs readily admitted that before the execution of this sale, they were consulted regarding the financial problems of their mother.

After reviewing the record, we believe that the trial court’s findings of fact are not clearly wrong and should not be disturbed. Additionally, the conflicting testimony which plaintiffs relied on in requesting that the factual findings of the trial court be disturbed have no relevance with regard to the issues and facts before this Court.

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Bluebook (online)
491 So. 2d 108, 1986 La. App. LEXIS 7262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winters-v-jean-batiste-lactapp-1986.