Lopez's Heirs v. Bergel
Supreme Court of Louisiana
Eastern Dist. APPEAL PllOM THE COURT 01? THE THIRD JUDICIAL DISTRICT POR THE PARISH OP EAST BATON ROUGE, TIIE JUDGE OP THE EIGHTH PRESIDING. This is an action by the widow and heirs of Manuel Lopez, a judgment creditor of Gregorio Bergel, against Mary Bergel, f. w. c., to annul and set aside a sale to her by their debtor, of a lot of ground in the town of Baton Rouge, as fraudulent and simulated.
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Eastern Dist. APPEAL PllOM THE COURT 01? THE THIRD JUDICIAL DISTRICT POR THE PARISH OP EAST BATON ROUGE, TIIE JUDGE OP THE EIGHTH PRESIDING. This is an action by the widow and heirs of Manuel Lopez, a judgment creditor of Gregorio Bergel, against Mary Bergel, f. w. c., to annul and set aside a sale to her by their debtor, of a lot of ground in the town of Baton Rouge, as fraudulent and simulated. The plaintiffs annexed to their petition, a final judgment, which their ancestor obtained against Gregorio Bergel, in January, 1834, on a note due by him in August, 1826, for five hundred and…
1Opinion of the Court
Bullard,«/.,
-.i •• „ , delivered the opinion of the court.. . . . , . , The plaintiffs having obtained a judgment against one Bergel, instituted the present action to annul the sale of a house and lot, bv their debtor to the defendant, as in fraud . of their rights.
The defendant, under that article of the Louisiana Code, which authorizes the purchaser in such a case, to controvert the demand of the plaintiff, although liquidated by ajudg-ment, in the same manner that the debtor might have done before the judgment, (1971,) denied the indebtedness of the vendor to the plaintiffs, and alleges…
2Cited by3 opinions
- E. A. Sammons Co. v. People's Bank & Trust Co.Supreme Court of Louisiana · 1913
- Lopez v. BergelSupreme Court of Louisiana · 1841
- Kenner v. SchiroLouisiana Court of Appeal · 1907