Lafitte v. Delogny
Supreme Court of Louisiana
APPEAL from the Fourth udicial District Court, parish of St. James. Duffel, J. The rule that creditors cannot sue to annul contracts made before their debt accrued (C. C. 1993), refers only to contracts which can produce some effect — not to those which can produce none — such as simulated contracts and those which are reprobated by laws of public orde<.\ 15 An. 177 ; 12 An. 173; 1 An. 133. The prescription of one year against the action of an individual creditor to annul…
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APPEAL from the Fourth udicial District Court, parish of St. James. Duffel, J. The rule that creditors cannot sue to annul contracts made before their debt accrued (C. C. 1993), refers only to contracts which can produce some effect — not to those which can produce none — such as simulated contracts and those which are reprobated by laws of public orde<.\ 15 An. 177 ; 12 An. 173; 1 An. 133. The prescription of one year against the action of an individual creditor to annul the acts of his debtor, only begins to run from the day he has obtained a judgment against him. O. C. 1994. Until be gets…
1Opinion of the Court
*662The opinion of the Court was delivered by
Todd, J.
The plaintiffs, mortgage creditors of the defendant, Widow E. R. Delogny, seek by this action to annul a sheriff’s sale of a plantation, situated in the parish of St. James, made on the 4th of April, 1874. This sale was made in a proceeding to foreclose a special mortgage on the property, executed by Mrs. Delogny on the 29th of November, 1865, in favor of N. R. Delogny, her son, who was the purchaser at said sale, and is also a defendant in the action.
It is charged in the petition that the debt for which the property was sold was not the debt…
2Cited by5 opinions
- Douglass v. Equitable Life Assur. Soc.Supreme Court of Louisiana · 1922
- Otis v. Texas Co.Supreme Court of Louisiana · 1922
- Maxwell v. MaxwellLouisiana Court of Appeal · 1925
- Hamilton v. MooreSupreme Court of Louisiana · 1914
- Pitre v. FontenotLouisiana Court of Appeal · 1934