Kenner v. Schiro

Plaintiff, alleging himself -to be a judgment creditor of one Pasquale Scrummazza, brought his action to annul as a fraudulent simulation, the sale of the .undivided half of a certain tract of land made by Scrummazza to the appellant, Joseph Shiro.

The answer admits the sale, but denies that it is either fraudulent or simulated. There was judgment in favor of plaintiff annulling the sale from which judgment Shiro 'appeals.

Plaintiff’s, judgment against Scrammazza was obtained by default on the 12th December, 1905. The sale from Scram-mazza to Schiro was made and recorded a month earlier,…