Trichel v. Bordelon
Supreme Court of Louisiana
Appeal from the Court of Probates of Natchitoches,Greneaux, J. contended that an action of nullity is to be brought in the court which rendered it, only when instituted by one of the parties to the judgment. See Code ef Practice, art. 604 et seq. When commenced, as in this case, by one not a party to the judgment complained of, nor directly affected by it, the suit must be before the ordinary courts. The present suit is, in effect, a revocatory action.
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Appeal from the Court of Probates of Natchitoches,Greneaux, J. contended that an action of nullity is to be brought in the court which rendered it, only when instituted by one of the parties to the judgment. See Code ef Practice, art. 604 et seq. When commenced, as in this case, by one not a party to the judgment complained of, nor directly affected by it, the suit must be before the ordinary courts. The present suit is, in effect, a revocatory action. See Fennessy v. Gonsoulin, 11 La. 419. Clark v. Christine et al, 12 La. 396. cited in addition, 15 La. 56. 16 Ib. 325. 1 Rob. 115, 226, 242.
1Opinion of the CourtGarland, J.
The plaintiff alleges that she, in her own right, and as tutrix of her minor children, is the creditor of Hypolite Bordelon for a large sum, for which he was the security of Ccsaire Fonteneau. This debt, she says, was one owing by the com*192munity existing between the aforesaid Hypolite Bordelon and Denise Fonteneau, his deceased wife and the mother of his children ; but that, for the purpose of defrauding her, the said Fonteneau and Bordelon, a short time after the death of the wife of the latter, procured a renewal of said note to be made, so as not to let it appear as a community debt, and…
2Cases cited2 opinions
- Fennessy v. GonsoulinSupreme Court of Louisiana · 1837
- Clark v. ChristineSupreme Court of Louisiana · 1838