Prude v. Morris
Supreme Court of Louisiana
APPEAL from tbe Eleventh District Court, Parish of Sabine. Pierson, J. Evidence which tends to show the intention of the parties, and to show the real consideration in a contract of sale, is clearly admissible.
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APPEAL from tbe Eleventh District Court, Parish of Sabine. Pierson, J. Evidence which tends to show the intention of the parties, and to show the real consideration in a contract of sale, is clearly admissible. Although the vendor intended to defraud his creditors, if the real vendee was not a party to such fraud, the sale, as to him, cannot be annulled. 26 Ann. 467; 34 Ann. 883; ID L. 594. In a revocatory action it must he shown that tbe vendor was insolvent, or was not possessed of sufficient property to pay bis debts at the time of the transfer. 28 Ann. 454. The payment of a price less…
1Opinion of the Court
*768The opinion of the Court was delivered by
Todd, J.
This is an action in declaration of simulation, in which the plaintiff, an alleged creditor of the defendant Monis, seeks to have declared simulated and void a conveyance of certain property described in the petition, from Morris to his co-defendant, Lucius.
There is a motion to dismiss the appeal on the ground that the matter in dispute is under the lower limit of the jurisdiction of this court.
It is true that the debt sued for is under $2000, but the property embraced in the alleged sale, according to the pleadings and the estimates by several…
2Cited by10 opinions
- Brewer v. Forest Gravel Co.Supreme Court of Louisiana · 1931
- Edwards v. Standard Oil Co. of LouisianaSupreme Court of Louisiana · 1932
- Patton's Heirs v. MoseleySupreme Court of Louisiana · 1937
- Touchet v. Humble Oil & Refining CompanyDistrict Court, W.D. Louisiana · 1960
- Pulford v. DimmickSupreme Court of Louisiana · 1901
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