Wang & Cottam v. Finnerty
Supreme Court of Louisiana
A PPEAL from the Fourth District Oourt, parish of Orleans. J. Houston „ Braughn, Buck & Dinkelspiel, for plaintiffs and appellees, contended r First — That actions to annul on the ground of simulation are not prescribed by one year. Hennen’s Dig., vol. ii. p. 1213, No. 9. Second — That a future creditor may attack a simulated sale, and may seize at once without the necessity of resorting to the revocatory-action.
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A PPEAL from the Fourth District Oourt, parish of Orleans. J. Houston „ Braughn, Buck & Dinkelspiel, for plaintiffs and appellees, contended r First — That actions to annul on the ground of simulation are not prescribed by one year. Hennen’s Dig., vol. ii. p. 1213, No. 9. Second — That a future creditor may attack a simulated sale, and may seize at once without the necessity of resorting to the revocatory-action. See 15 A. 177. Third — Where a defendant sets up in his answer that a pretended sale made by Mm was a real sale he will be estopped from showing that pretended sale was a contract of…
1Opinion of the Court
The opinion of the court was delivered by
White, J.
The plaintiffs having obtained judgment on the 28th of April, 1876, against John Mannion and Oliver Ellsworth, commenced in March, 1877, this action against M. Finnerty to have declared a fraudulent simulation a sale of real estate made by Mannion to Finnerty, on the 7th of January, 1875. The defendants answered by a general denial and by specially pleading that the sale was valid and made for -a sufficient consideration. The lower court decreed the sale simulated. Finnerty appeals.
There is conflict in the testimony, but we think after an…
2Cited by9 opinions
- Latiolais v. BreauxSupreme Court of Louisiana · 1923
- Ideal Savings & Homestead Ass'n v. GouldSupreme Court of Louisiana · 1927
- Nuss v. NussSupreme Court of Louisiana · 1904
- In re CollinsDistrict Court, E.D. Louisiana · 1914
- Freed Realty Co. v. SingerLouisiana Court of Appeal · 1927
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