Lopez v. Bergel
Supreme Court of Louisiana
Appeal from tile court of the third district for the parish of East Baton Rouge, the judge thereof presiding. This is an action for the rescission of the sale of a house and lot in the town of Baton Rouge, which the plaintiffs allege was made to the defendant, a free woman of coloi-, by their debtor, in fraud of their rights as creditors.
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Appeal from tile court of the third district for the parish of East Baton Rouge, the judge thereof presiding. This is an action for the rescission of the sale of a house and lot in the town of Baton Rouge, which the plaintiffs allege was made to the defendant, a free woman of coloi-, by their debtor, in fraud of their rights as creditors. They show a judgment against their debtor for upwards of five hundred dollars, and expressly charge that he conveyed the house and lot in question to the defendant to secure it from the payment of- their just demand. They pray that the sale he rescinded and…
1Opinion of the CourtBtjllaed, J.
This case has been several times before this court, and remanded for a new trial. The result of the last trial was a verdict for the plaintiffs, which being followed by the judgment, the defendant appealed. 12 La. Rep. 197.
The evidence, in our opinion, fully sustains the verdict, and shows that the conveyance of the house and lot to the defendant was made in fraud of creditors, and the court correctly applied the law .as laid down in articles 1965 and 1972.
The appellee asks an affirmance of the judgment, with damages for a frivolous appeal. The article 907 of the Code of Practice authorizes…
2Cases cited1 opinion
- Lopez's Heirs v. BergelSupreme Court of Louisiana · 1838
3Cited by1 opinion
- Kirsch v. BroasLouisiana Court of Appeal · 1936