Schmidt v. Frey
Supreme Court of Louisiana
Appeal from the Commercial Court of New Orleans, Watts, J. This was an action by Schmidt, a creditor of Zimpel, to annul a conveyance made by Frey to Manouvrier of property belonging to Zimpel, on the ground of fraud and simulation, and to subject the property sold to the payment of plaintiff’s claim.
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Appeal from the Commercial Court of New Orleans, Watts, J. This was an action by Schmidt, a creditor of Zimpel, to annul a conveyance made by Frey to Manouvrier of property belonging to Zimpel, on the ground of fraud and simulation, and to subject the property sold to the payment of plaintiff’s claim. There was a judgment below in favor of the plaintiff, rescinding the sale, annulling a mortgage executed by the purchaser, Manou-vrier, to secure the payment of certain notes given for the price, and delivering the property liable for the claims of the petitioner and the other creditors of…
1Opinion of the CourtMorphy, J.
In the beginning of 1837, C. F. Zimpel, who was largely indebted to the plaintiff and' others, departed for Europe, leaving for his agent here, Frederick Frey. The latter took possession of Zimpel’s property, and on the 19th of September of the same year, executed before Wm. Boswell, a notary public, two sales, whereby he conveyed a considerable amount of his principal’s property to G. P. Manouvrier. The purchaser assumed certain mortgages existing thereon ; and for the balance of the price gave four notes of $3058 33J each, and four other notes of $9750 each, drawn by himself to the order of…
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