GUERIN v. GUERIN

No. 83 CA 0530.

449 So.2d 1053 (1984)

Sarah Dunkley GUERIN, et al. v. John Roy GUERIN and Sandra Fairchild Guerin.

Court of Appeal of Louisiana, First Circuit.

Writ Denied May 25, 1984.


Attorney(s) appearing for the Case

James C. Dewey, New Roads, for defendant, John Roy Guerin, individually and in his capacity as Administrator of the Estate of his minor child, John Robert Guerin.

Frank P. Simoneaux, Baton Rouge, for defendant, Sandra Fairchild Guerin Greene, Loretta Kim Guerin and Kathleen Wrenn Guerin Thomas.

Joseph M. Thibaut, Thibaut & Thibaut, Francis Audley Smith, Jr., Kearney, Smith & Chustz, Terry M. Irby, New Roads, for defendant and intervenor, Bank of New Roads.

David Irvin Couvillion, McCollister, McCleary, Fazio, Mixon, Holliday & Hicks, Neil H. Mixon, Baton Rouge, for plaintiffs, Sarah Dunkley Guerin, individually and as Provisional Administratrix of the Succession of Joseph Hazael Guerin, Joseph W. Guerin, Sr., Thomas D. Guerin and Nancy Faye Guerin Couvillion.

Patrick S. Ottinger, Plauche, Hartley, Lapeyre & Ottinger, Lafayette, for defendant and intervenor, Wagner and Brown and defendants, Franks Petroleum Inc., Mid-American Oil and Gas Investments, Ltd., 79-3, 1400 Corp. and El Paso Exploration Co. (Successor in interest to EPX Co.).

J. Clayton Johnson and Mary Thornton Duhé, Taylor, Porter, Brooks & Phillips, Baton Rouge, for defendants, Ennex, Inc. and Ennex, Ltd.

Before COVINGTON, COLE and SAVOIE, JJ.


COLE, Judge.

The issue in this case is whether or not a transfer of immovable property from parents to a son was a valid sale.

This litigation arises out of a transfer of immovable property in Pointe Coupee Parish from Joseph H. Guerin and Sarah D. Guerin to their son, John Roy Guerin, on March 6, 1971. The transfer was by authentic act on a standard "sale with mortgage" form. The property was fully described, as were three prior sell-offs from the larger...

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