Legal Opinion

Mossop V. His Creditors

Supreme Court of Louisiana

Decided March 15, 1889No. 10,317PublishedCited by 6 opinions

APPEAL from' the Twenty-third District Court, Parish of West Baton Rouge. Talbot, J.

1Opinion of the Court

Tho opinion of the Court was delivered by

Fenner, J.

The controversy presented for our determination arises in proceedings for the distribution of tho proceeds of sale of mortgaged property amongst the mortgage creditors. A junior mortgage creditor, Zuberbier & Behan, attacks a senior debt and mortgage executed in favor of N. W. Pope, Esq. (now deceased and represented by his administrator, C. J. Barrow), as simulated, void, and given without consideration.

The plea of prescription of one year opposed to this action is untenable, It is well settled that this prescription, provided for revocatory *297…

2Cases cited1 opinion

  1. Clark v. ChristineSupreme Court of Louisiana · 1843

3Cited by6 opinions

  1. Moss v. RobinsonSupreme Court of Louisiana · 1949
  2. Eugene Dietzgen Co. v. KokoskySupreme Court of Louisiana · 1904
  3. Guaranty Bank & Trust Co. v. HunterSupreme Court of Louisiana · 1931
  4. Perigoni v. McNieceLouisiana Court of Appeal · 1975
  5. Sere v. DarbySupreme Court of Louisiana · 1907

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