Brander v. Ferriday, Bennett & Co.
Supreme Court of Louisiana
APTEAL FROM THE COURT OF THE NINTH DISTRICT, FOR THE TARISH OF CONCORDIA,'JUDGE DAVIS PRESIDING. This is an action in which the plaintiffs sue, as judgment creditors of one Walter Byrnes, to annul a mortgage given by him, as is alleged in insolvent circumstances, to the defendants, in fraud of other creditors.
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APTEAL FROM THE COURT OF THE NINTH DISTRICT, FOR THE TARISH OF CONCORDIA,'JUDGE DAVIS PRESIDING. This is an action in which the plaintiffs sue, as judgment creditors of one Walter Byrnes, to annul a mortgage given by him, as is alleged in insolvent circumstances, to the defendants, in fraud of other creditors. The plaintiffs show that they obtained judgment against Byrnes, the 12th April, 1839, for thirteen thousand seven hundred and forty-six dollars, which was duly recorded 14th June following. That on the 10th day of November, 1838, Byrnes, being notoriously insolvent and in failing…
1Opinion of the CourtMartin, J.
The plaintiffs seek to set aside a mortgage, on the ground of the insolvency of the mortgagor at the time it was given, and that its object was to give an unjust preference to the mortgagees over other creditors. There was judgment against the plaintiffs, and they appealed.
The case is before us on four bills of exception, taken by the counsel of the plaintiffs and appellants, to the rejection of four of their witnesses.
1. Cozzens, the first witness, was offered to prove that at the date of the mortgage, Byrnes, the mortgagor, was generally considered to be insolvent.
2. Wilson was offered to…
2Cited by5 opinions
- Jackson v. Gulf Insurance CompanySupreme Court of Louisiana · 1967
- Stephenson v. KilpatrickSupreme Court of Missouri · 1901
- Gallagher v. GallagherLouisiana Court of Appeal · 1964
- Smalley v. BrownSupreme Court of Louisiana · 1924
- Haack v. HammerMissouri Court of Appeals · 1925