Ashley v. Schmalinski
Supreme Court of Louisiana
PPEAL from the Tenth District Oourt, Parish of Rapides. Andrews, J. Plaintiff sues to annul and set aside a certain act of conveyance and for damages.
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PPEAL from the Tenth District Oourt, Parish of Rapides. Andrews, J. Plaintiff sues to annul and set aside a certain act of conveyance and for damages. The gist of the complaint is that the defendants, Schmalinski, Strouss and Loomer, conspiring and colluding together for that purpose and to that end, did, by false and fraudulent representations and other artifices, mislead, deceive and defraud plaintiff as to the quantity, quality, character, situation and value of the property given in exchange for her property. That she actually received but four thousand and four and twenty-hundredths…
1Opinion of the Court
The opinion of the court was delivered by
Miller, J.
The plaintiff, Martha A. Ashley, wife of W. H. Jack, brings this suit to set aside for fraud an exchange of her property in *503the town of Alexandria, for certain lands in the parish of Rapides, of Elise Schmalinski, wife of Samuel Schmalinski. Besides Sehmalinski and wife, the plaintiff joins as defendants Adolph Strouss and H. M. Loomer, charged to have been accomplices in the fraud, and B. Ehrstein, to whom Schmalinski and wife mortgaged the property conveyed to them in the exchange, the petition denying that Ehrstein is a bona fide holder,…
2Cited by9 opinions
- Searcy v. NovoLouisiana Court of Appeal · 1939
- Eugene Dietzgen Co. v. KokoskySupreme Court of Louisiana · 1904
- Harris v. CrichtonSupreme Court of Louisiana · 1925
- Schmitz v. PetersonSupreme Court of Louisiana · 1904
- Swain v. LindsayLouisiana Court of Appeal · 1956
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