MARTIN v. MARTIN

No. 70.

129 So.2d 56 (1961)

Hypolite MARTIN, Plaintiff and Appellant, v. Sydney Joseph MARTIN, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 9, 1961.

Certiorari Denied June 20, 1961.


Attorney(s) appearing for the Case

McBride & Brewster, by William H. McBride, Lafayette, for plaintiff-appellant.

Fournet & Adams, by Robert J. Adams, Lafayette, for defendant-appellee.

Before SAVOY, HOOD and CULPEPPER, JJ.


HOOD, Judge.

This is an action to annul a sale of immovable property on the ground of simulation, or, in the alternative, to rescind the sale for non-payment of the purchase price. The suit was instituted by Hypolite Martin, the vendor in that sale, against his son, Sydney Joseph Martin, the purchaser. After the case had been tried on its merits, but before judgment was rendered, the plaintiff died, leaving as his survivors eight children, one of whom is the defendant...

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