Cosgrove v. His Creditors
Supreme Court of Louisiana
APPEAL from tlie Eleventh District Court, Parish of Natchitoches, Pierson, J. “Ifraud as a ground of nullity, must be urged in a direct action where an actual titlo has passed accompanied with possession.” Austin Thorpe & Co. vs. Dalioclia, Becker & Co., 28 Ann. 46; vide 15 Ann. 302; 23 Ann. 499, 688, 175; 24 Ann. 224; 29 Ann. 12. A creditor is without right "to sue individually to annul a contract made before the time his debt accrued.”
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APPEAL from tlie Eleventh District Court, Parish of Natchitoches, Pierson, J. “Ifraud as a ground of nullity, must be urged in a direct action where an actual titlo has passed accompanied with possession.” Austin Thorpe & Co. vs. Dalioclia, Becker & Co., 28 Ann. 46; vide 15 Ann. 302; 23 Ann. 499, 688, 175; 24 Ann. 224; 29 Ann. 12. A creditor is without right "to sue individually to annul a contract made before the time his debt accrued.” C. C. 1993; 15 Ann. 177-179; 14 Ann. 475; 12 Ann. 173-207; 6 Ann. 89; 1 Ann. 132. The above rulo is subject to only one exceptipn under our jurisprudence and…
1Opinion of the Court
The opinion of the Court was delivered by
McEnery, J.
E. M. Walmsley & Co., J. A. Duconrnean & Son and Mrs. M. Labyche, creditors of the insolvent, J. H. Cosgrove, oppose the voluntary cession made by their debtor on the ground that he has fraudulently concealed and omitted from his schedule certain property legally subject to their demands. The property omitted is described as *277thirty-three arpents of land with buildings and improvements thereon itpon which he resides, some fifteen head of cattle, one phaeton, one pair of mules, and a lot of furniture and silverware.
Tliis case was once before…
2Cited by11 opinions
- Houghton v. HallSupreme Court of Louisiana · 1933
- Westmore v. HarzSupreme Court of Louisiana · 1902
- Schwab v. HavaSupreme Court of Louisiana · 1923
- Drewett v. CarnahanLouisiana Court of Appeal · 1938
- Succession of TullierLouisiana Court of Appeal · 1951
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