Brander v. Bowmar
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SEVENTH DISTRICT, FOR THE PARISH OF OUACHITA, THE JUDGE OF THE SIXTH PRESIDING. This is an action to annul a mortgage executed by the defendant Bowmar to Abercrombie, to secure the sum of ten thousand one hundred and thirty-five dollars, and which the plaintiffs allege was given by the mortgagor when he was in insolvent circumstances or on the eve of insolvency, to the knowledge of the mortgagee, for the purpose of giving an unjust preference of…
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APPEAL FROM THE COURT OF THE SEVENTH DISTRICT, FOR THE PARISH OF OUACHITA, THE JUDGE OF THE SIXTH PRESIDING. This is an action to annul a mortgage executed by the defendant Bowmar to Abercrombie, to secure the sum of ten thousand one hundred and thirty-five dollars, and which the plaintiffs allege was given by the mortgagor when he was in insolvent circumstances or on the eve of insolvency, to the knowledge of the mortgagee, for the purpose of giving an unjust preference of one creditor over others, and especially the plaintiffs. The plaintiffs show that on the 3d October, 1838, they obtained…
1Opinion of the CourtSimon, J.
This is a revocatory action of the same nature as the case of Hempkin vs. Bowmar et al., just decided ; but the facts adduced in support of the action, and the situation of the parties are quite different. On the 18th May, 1837, defendant Bowmar, executed a mortgage in favor of Abercrombie, to secure a sum of ten thousand one hundred and thirty-five dollars, and said mortgage was regularly recorded. In July following, an order of seizure and sale of the property mortgaged was issued, and stayed by injunction at the suit of Hempkin. On the 3d October, 1838, a judgment was obtained by…
2Cited by3 opinions
- Villere v. New Orleans Pure Milk Co.Supreme Court of Louisiana · 1908
- Hayashi v. Pacific Fruit ExchangeCalifornia Court of Appeal · 1919
- In re YorkDistrict Court, D. Louisiana · 1870