Legal Opinion

Dwight & Hartman

Supreme Court of Louisiana

Decided September 15, 1840PublishedCited by 1 opinion

APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARY, THE JUDGE OF THE SIXTH PRESIDING. This is a revocatory action. The plaintiffs, who were creditors of John B. Bemiss, an insolvent debtor, instituted this their revocatory action against him and others, to whom he made sales or transfers of his property, on the eve of insolvency, in fraud of them as bom fide creditors.

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APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARY, THE JUDGE OF THE SIXTH PRESIDING. This is a revocatory action. The plaintiffs, who were creditors of John B. Bemiss, an insolvent debtor, instituted this their revocatory action against him and others, to whom he made sales or transfers of his property, on the eve of insolvency, in fraud of them as bom fide creditors. They allege, that being in insolvent circumstances, and indebted to them, in the sum of six hundred and forty dollars, he sold and trans-; ferred to one Judson Harman, a carriage worth four hundred and…

1Opinion of the CourtGarland, J.

The plaintiffs sue John B. Bemiss, to recover six hundred and forty dollars, with interest, due.on two promissory notes. They make Judson Harman and Milton Johnson, parties,' alleging that Bemiss was in insolvent circumstances, and that he had transferred to them, or one of them, a carriage of the value of about four hundred and seventy dollars, with a view of giving an unjust preference to them or some others of his (Bemiss’) creditors. They also made Donelson Caffrey, John E. Carson and Thomas Johnson, defendants, alleging, that the former as the agent of Bemiss, or at his instance, had…

2Cited by1 opinion

  1. Locke v. Mackinson & MurphySupreme Court of Louisiana · 1859

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