Williams v. Collier’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Taking plaintiff's petition as a whole, it is obvious that the purpose of plaintiff's allegations is to show that no cash consideration was paid for the property and that it was, in fact, a donation rather than a sale which petitioner alleges was prohibited by law. "Appellee contends that plaintiff by his allegations attempts to vary the terms of an authentic act by parol evidence in violation of Articles 2236, 2275 and 2276 of the Civil Code and innumerable opinions interpreting the same. "There is no merit to the argument that plaintiff's allegations do not admit of proof and that he has not stated a cause of action. In Cahow v. Hughes, 173 So. 471 (La.App. 1st Cir. 1937), this Court in its original opinion held that the plaintiff could not show by parol evidence that the deed in question was, in fact, a donation. In reviewing the question as to the introduction of parol evidence in such cases, this Court reversed its original position and held the parol proof to be admissible, relying on a decision of the Second Circuit Court of Appeal in Armand v. Armand, 8 La.App. 810 , which held that parol proof is admissible wherever the contract sought to be set aside is one in fraudem legis. "In Ducote v. Stark, 87 So.2d 770 (La.App. 2nd Cir. 1956), a mother-in-law brought an action against her son-in-law to annul a conveyance of realty on the ground that it was a donation omnium bonorum. The defendant urged that the contract of sale being valid on its face and containing an acknow”

   1 later decision quote this exact passage
   e.g. 303 So. 2d 238 - Whitten v. Whitten

2. “Parol evidence shall not be received to prove any debt or liability of a deceased person against his succession representative, heirs, or legatees when no suit to enforce it has been brought against the deceased prior to his death, unless within one year of the death of the deceased: (1) A suit to enforce the debt or liability is brought against the succession representative, heirs, or legatees of the deceased; (2) The debt or liability is acknowledged by the succession representative as provided in Article 3242 of the Code of Civil Procedure, or by his placing it on a tableau of distribution, or petitioning for authority to pay it; (3) The claimant has opposed a petition for authority to pay debts, or a tableau of distribution, filed by the succession representative, on the ground that it did not include the debt or liability in question; or 14(4) The claimant has submitted to the succession representative a formal proof of his claim against the succession, as provided in Article 3245 of the Code of Civil Procedure. The provisions of this section cannot be waived impliedly through the failure of a litigant to object to the admission of evidence which is inadmissible thereunder.”

   1 later decision quote this exact passage
   e.g. 658 So. 2d 746 - Brown v. Bearden

3. “Taking plaintiff's petition as a whole, it is obvious that the purpose of plaintiff's allegations is to show that no cash consideration was paid for the property and that it was, in fact, a donation rather than a sale which petitioner alleges was prohibited by law.”

   1 later decision quote this exact passage
   e.g. 303 So. 2d 238 - Whitten v. Whitten