Stein v. Gibbons
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE PIPTH DISTRICT, POR THE PARISH OP ST. MARTIN, THE JUDGE OP THE SIXTH PRESIDING. ’This suit commenced by an injunction to restrain the sheriff from selling the defendant Gibbons’ property, under an execution issued on a judgment obtained against him by one John Irby, which judgment he alleges was procured through fraud and collusion, and with a view, on the part of Irby and Gibbons both-, to defraud the plaintiff who is a creditor of the latter.
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APPEAL PROM THE COURT OP THE PIPTH DISTRICT, POR THE PARISH OP ST. MARTIN, THE JUDGE OP THE SIXTH PRESIDING. ’This suit commenced by an injunction to restrain the sheriff from selling the defendant Gibbons’ property, under an execution issued on a judgment obtained against him by one John Irby, which judgment he alleges was procured through fraud and collusion, and with a view, on the part of Irby and Gibbons both-, to defraud the plaintiff who is a creditor of the latter. The injunction issued the 8th of August, 1835. There were two notes ; one for fifty-nine dollars and eighty-one cents,…
1Opinion of the Court
Garlandj J.,
delivered the opinion of the court.
The plaintiff commenced this suit by an injunction to stop, in the hands of the sheriff of the parish of St. Martin, an amount which he alleged was owing to him by Gibbons, on a promissory note, and also the amount of a note for seven hundred dollars, drawn by said Gibbons, on which he was an endorser.
It appears that in the year 1834, Gibbons, one of the defendants, being in embarrassed circumstances, wished to *105«over his property in such a manner as to defraud his creditors and benefit his wife. To effect his object, he executed to Irby, another…
2Cited by6 opinions
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- Conté v. CainSupreme Court of Louisiana · 1881
- Castellón v. PadínSupreme Court of Puerto Rico · 1942
- Castellón v. PadínSupreme Court of Puerto Rico · 1942
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