Mrs. Ann Chapoton v. Her Creditors

The opinion of the court was delivered by

McEneky, J.

This suit was brought by the syndic of the insolvent to annul and cancel a mortgage given by her to a creditor on her *452property, more than three months before the insolvency was judicially recognized and declared.

It is therefore a revocatory action to be determined by Arts. 1983, 1984, 1985 of the Oivil Oode. Seixas vs. Citizens’ Bank,38 An. 427.

To entitle the syndic to a decree annulling the mortgage it is essential for him to prove knowledge of the insolvency on the part of the creditor obtaining the mortgage, and an advantage over the…