Smith v. de Lalande
Supreme Court of Louisiana
Appeal from the District Court of Pointe Coupee, Deblieux, J. 1. The interest which an insolvent has in property surrendered to his creditors, is not a real right, which follows the property into the hands of a purchaser. The purchaser in good faith is safe, even in case of fraud on the part of the creditors or of the syndic. 1 Bullard and Curry’s Digest, 495, 3. The sale to the plaintiffs was under an order of court, and the purchaser is protected.
Read the full summary
Appeal from the District Court of Pointe Coupee, Deblieux, J. 1. The interest which an insolvent has in property surrendered to his creditors, is not a real right, which follows the property into the hands of a purchaser. The purchaser in good faith is safe, even in case of fraud on the part of the creditors or of the syndic. 1 Bullard and Curry’s Digest, 495, 3. The sale to the plaintiffs was under an order of court, and the purchaser is protected. Michel’s Heirs v. Michel's Curator et ah, 11 La., 149. Lalanne’s Heirs v. Moreau, 13 La., 431. Ball's Adminis-tratrix v. Ball et al., 15 La., 183.
1Opinion of the Court
■ Martin, J.
The plaintiffs are appellants from a judgment dissolving an injunction, which they had obtained to stay proceedings ‘on an order of seizure and sale, issued against them, for the price of a tract of land, ceded by Arnaud Beauvais to his creditors, on the ground that the sale was effected by one syndic, while the creditors had voted for two individuals as joint syndics, in consequence whereof the plaintiffs are in danger of eviction.
The record shows that the individual who effected the sale, presented his petition to which was annexed the process verbal of the. meeting of the…
2Cited by2 opinions
- French v. FrenchWest Virginia Supreme Court · 1877
- Coiron v. MillaudonSupreme Court of Louisiana · 1848