Legal Opinion

Davis v. Stern

Supreme Court of Louisiana

Decided March 15, 1860PublishedCited by 4 opinions

APPEAL from the Third District Court of New Orleans, Duvigneaud, J.

1Opinion of the CourtVooeiiies, J.

The defendant, a judgment creditor of L. F. Jonte,levied upon property conveyed by the latter to James Davis, by public act dated the 9th day of December, 1856 ; hence the injunction suit brought by this party to prevent the sale of the property, which he claims to belong to him.

The defendant joins issue, on the ground of simulation, alleging that this act of sale is null and void, for want of consideration.

The Civil Code, Art. 2456, provides, that: “ In all cases where the tiling sold remains in the possession of the seller, because he has reserved to himself the usufruct, or retains…

2Cited by4 opinions

  1. Ideal Savings & Homestead Ass'n v. GouldSupreme Court of Louisiana · 1927
  2. Perigoni v. McNieceLouisiana Court of Appeal · 1975
  3. Dugas v. Lewis-Chambers Const. Co.Louisiana Court of Appeal · 1939
  4. Bank of Baldwin v. BroussardLouisiana Court of Appeal · 1928

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