M'Manus's Syndic v. Jewett
Supreme Court of Louisiana
APPEAJ, FROM TIIE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action instituted by the syndic of the creditors of Francis M'Manus to annul the sales of certain property made by the insolvent, M'Manus, to the defendant, on the eve of his absconding and leaving the state, on the ground of fraud and simulation.
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APPEAJ, FROM TIIE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action instituted by the syndic of the creditors of Francis M'Manus to annul the sales of certain property made by the insolvent, M'Manus, to the defendant, on the eve of his absconding and leaving the state, on the ground of fraud and simulation. This case was before the court in 1834. See the facts and evidence fully stated in the former report of the case. 3 Louisiana Reports, 530. On the return of the cause to the Parish Court it was submitted to a jury, who after hearing much testimony touching the…
1Opinion of the CourtMathews, J.
Most of the legal questions involved in this case have already been settled by our former decision in it, which may be seen in the 6th volume of Louisiana Reports, page 530.
In an action by the syndic oí’ creditors to annul certain sales made by the absconding debtor, on the ground of fraud, it is not sufficient that the insolvent debtor and a person acting as the common friend of both parties, were guilty of fraud and simulation, to enable the plaintiff to succeed, if it appears the pur-chaseractedfairly and honestly.
What remained to be decided when the cause was remanded, relates principally…
2Cited by2 opinions
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