H. Kern & Son v. Their Creditors

The opinion of the court was delivered by

Breaux, J.

In this proceeding Shwartz & Sons sought to subject a fund (realized from a sale to them by Kern & Son) to the payment of counsel fees and all charges incurred by them as intervenors, to protect their purchase.

The salient facts are that a respite was granted to Kern & Son in 1897.

Instead of paying the first instalment to their creditors, when it *887became due, under the conditions of the respite, they made a surrender of their property.

Immediately before their surrender they sold their property, consisting of goods and merchandise, to A. Shwartz…