TAYLOR v. SPENCER

No. 11245.

225 So.2d 98 (1969)

Cornelius Washington TAYLOR et al., Plaintiffs-Appellees, v. Emma Lee Calcote SPENCER et ux., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

June 26, 1969.


Attorney(s) appearing for the Case

Paul Henry Kidd, Ruston, for defendants-appellants.

Fred W. Jones, Jr., Ruston, for plaintiffs-appellees.

Before AYRES, BOLIN and PRICE, JJ.


AYRES, Judge.

This is an action by the legal heirs of Ella Ervin McLain, deceased, against Emma Lee Calcote Spencer and her husband, Ernest Lee Spencer, to have decreed null and void a purported sale of a described 20-acre tract of land.

The basis of plaintiffs' attack upon the deed is that no consideration was actually paid for the property, and that the purported sale was therefore a simulation pure and simple. In the alternative and in the event the instrument...

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