Davis v. Stern

The distinguishing fact of this case is, that the defendant was not the creditor of the plaintiff’s vendor at the date of the sale to him, evidenced by a notarial act, and duly recorded — but became so several month’s afterwards.

The principal question in this case is, whether or not the future creditor of the vendor can treat the sale as a nullity, on the grounds of simulation and fraud, and seize the property conveyed under the execution issued on his judgment as the property of the vendor.

In the case of Hesser v. Black, 5 N. S. p. 96, Judge Porter says :

“ The proof adduced, shows, however,…