Ashby v. Ashby
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. The liquidation and adjudication to the surviving parent of the shares of the minors in the community may render a settlement of tutorship useless and unnecessary. In such cases there is no prescription of four oi ten years. 5 Ann. 598; 21 Ann. 643; 23 Ann. 17; 25 Ann. 612; 30 Ann. 673; 34 Ann. 1041; 37 Ann, 121; 38 Ann.
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APPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. The liquidation and adjudication to the surviving parent of the shares of the minors in the community may render a settlement of tutorship useless and unnecessary. In such cases there is no prescription of four oi ten years. 5 Ann. 598; 21 Ann. 643; 23 Ann. 17; 25 Ann. 612; 30 Ann. 673; 34 Ann. 1041; 37 Ann, 121; 38 Ann. The inscription of the liquidation suffices. 35 Ann. 943. To make a mortgage fraudulent two things are necessary, the intention to defraud and actual loss; and the insolvency of the mortgagor must be…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
This is a suit instituted by plaintiff, claiming to be a judgment creditor of the defendant Joseph II. Ashby, to annul a mortgage executed by him in favor of his children — co-defendants—which is charged to be fraudulent and intended to secure an unjust claim against him in their favor to the prejudice of the plaintiff’s rights. The defendant excepted on the ground that the petition disclosed no cause of action.
Following a vicious practice that prevails to some extent throughout the State, this exception, though determinable on the face of the…
2Cited by1 opinion
- Geisenberger v. CottonSupreme Court of Louisiana · 1906