Legal Opinion

Ashbey v. Ashbey

Supreme Court of Louisiana

Decided February 15, 1889No. 10,213PublishedCited by 24 opinions

APPEAL from tire Civil District Court for tlie Parisli of Orleans. Monroe, J. 1. By the Code of 1870 proscription does not run against minors unless specially mentioned.

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APPEAL from tire Civil District Court for tlie Parisli of Orleans. Monroe, J. 1. By the Code of 1870 proscription does not run against minors unless specially mentioned. The Code of 1870 and all the rules upon the subject require that full effect shall be given to the exceptional and subsequent provisions of Articles 3522 and 3554, taken in connection with Article 3541, in so far as they might be considerod effected by tbe anterior and general provisions of Article 1987. 2. When plaintiff alleges a fraudulent transfer of property to his prejudice this is sufficient to maintain a suit to annul…

1Opinion of the Court

Tlie opinion of tlie Court was delivered by

Poché, J.

This is a revocatory action brought by the tutrix of a judgment creditor of the defendant, Joseph Ashbey. Its object is to annul a conventional mortgage executed by said Ashbey in favor of his son, Louis Ashbey, and of his daughter, Martha B. Ashbey, wife of William P. Healey, and intended to secure them in an indebtedness of $5606 19, due to them by their father as the usufructuary of their shares of the property hitherto belonging to the lega^ community existing between their said father and their deceased mother.

The main ground of attack…

2Cases cited1 opinion

  1. Sewell v. WillcoxSupreme Court of Louisiana · 1843

3Cited by24 opinions

  1. Ancor v. Belden Concrete Products, Inc.Supreme Court of Louisiana · 1971
  2. Brister v. Wray Dickinson Co.Supreme Court of Louisiana · 1935
  3. Person v. PersonSupreme Court of Louisiana · 1931
  4. Geisenberger v. CottonSupreme Court of Louisiana · 1906
  5. Lazard v. Boeing CompanyDistrict Court, E.D. Louisiana · 1971

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