Deposit Guaranty National Bank v. Shipp

DIXON, Judge.

This is a suit to set aside a conveyance of land as a simulation. In the alternative, plaintiff sought to have the act of sale set aside as having been executed in fraud of plaintiff’s right as a creditor of the vendor.

In answer the defendants contended that the conveyance complained of was merely dation en paiement to a mortgage creditor, and could in no way have prejudiced the rights of plaintiff.

There was a reconventional demand for libel by the defendants.

There was judgment in the district court for the plaintiff, setting aside the deed complained of and rejecting the demands…