Tompkins v. Prentice

The action of the creditors in avoidance of the contracts of their debtors, is allowed by the Code for the purpose of annulling some fraudulent act of the debtor himself.

But in this case the principal act complained of, is that of Joseph Prentice in making a will, by which he conveyed his whole estate to his mother, brother and sister. Had he given one-sixth of his estate to his father, Horace Prentice, there would have been no pretence for the institution of this action.

But Joseph Prentice was not the debtor of the plaintiffs. He owed them nothing.

By Article 1491 O. C. it is provided that on…