Spencer v. Goodman
Supreme Court of Louisiana
APPEAL from the Eighth Judicial District Court, parish of Madison. Delaney, J. ' Pirst — A creditor can assert all tbe rights of bis debtor either to recover property in bis behalf or to assert a right on property. 30 An. 727-733 j 2 An. 782 j Code bTapoleon, 1166; 4 Maroadé, p. 433, with bis comments on that article. Second — A revocatory action seeks to annul an act done "by liis debtor in fraud of bis rights. It does not refer to non-action of the debtor.
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APPEAL from the Eighth Judicial District Court, parish of Madison. Delaney, J. ' Pirst — A creditor can assert all tbe rights of bis debtor either to recover property in bis behalf or to assert a right on property. 30 An. 727-733 j 2 An. 782 j Code bTapoleon, 1166; 4 Maroadé, p. 433, with bis comments on that article. Second — A revocatory action seeks to annul an act done "by liis debtor in fraud of bis rights. It does not refer to non-action of the debtor. Civil Code, Art. 1969; 30 An, 733-4. Third — The purchaser in bad faith is he who knows, or has reason to believe, his title to be “…
1Opinion of the Court
The opinion of the Court was delivered by
Levy, J.
The plaintiff, in his petition, alleges that he is the holder and owner of a judgment rendered in suit No. 957 of the District Court of Madison parish, entitled E. D. Farrar and W. B. Spencer vs. Charles Carpenter, executor, et als., for $2500,with five per cent per annum interest from June 8th, 1875, he having acquired, by assignment, said Farrar’s interest therein; that said judgment was duly recorded in the Recorder’s office of said parish and operated as a judicial mortgage on all the real estate of said Carpenter, in said parish ; that…
2Cited by16 opinions
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