Seixas v. King
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Oileaus. Tissot, J. An insolvent, boing about to make a surrender to his creditors, cannot make a transfer of property to his wife without consideration.
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APPEAL from the Civil District Court for the Parish of Oileaus. Tissot, J. An insolvent, boing about to make a surrender to his creditors, cannot make a transfer of property to his wife without consideration. Such transfer is absolutely null and void, both from tbe incapacity of the parties and because it is a mere simulation, O. C. 1784; 1 Ann. 301; 2 Ann. 484; 15 Ann. 491; 23 Ann. 442; 30 Ann, 225; 3 Martin, 695, 708; 38 Ann. 385. If such a transfer could be operative, the property would still be community property and would be subject to debts due by the community under a surrender made by…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The object of this suit is the annullment of apparent transfers of real estate situated in Mississippi, now in the possession of defendant who is domiciled in New Orleans.
The claim is based on cliaiges of simulation and fraud.
It is claimed that Emile Oarriere, a member of the firm of Oarriere & Sons, did, on the 27th of June, 1884, transfer to his wife the property in question; that on the 18th of July following, he and his firm made a cessio bonorum and that subsequently, viz : on March 12, 1885, he and his wife transferred the real…
2Cases cited1 opinion
- Muller v. DowsSupreme Court of the United States · 1876
3Cited by5 opinions
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- Anderson-Tully Co. v. ThompsonTennessee Supreme Court · 1915
- O'Sullivan v. KnopLouisiana Court of Appeal · 1940
- Morrow v. HughesLouisiana Court of Appeal · 1986
- Robinson Mineral Spring Co. v. DeBautteSupreme Court of Louisiana · 1898