Guaranty Bank & Trust Co. v. Hunter

Plaintiff is a creditor of the defendant. Howard Hunter, for a balance due on a judgment obtained against him December 6, 1929.

The purpose of the present suit, filed February 3, 1930, is to have set aside, as fraudulent and simulated, a dation en paiement made by Howard Hunter to his wife, Mrs. Emmie C. Hunter, November 25, 1929, of two lots with improvements in the city of Alexandria, La., and of a stock of merchandise and fixtures, situated in a filling station operated by Hunter in that city.

The defense is that the dation en paiement is valid, as the consideration of same was the replacing…