Willis v. Scott
Supreme Court of Louisiana
APPEAL from the Fifth District Court, parish of Richland. Richardson, J. Hirst — A man may dispose of his property as be sees fit, provided nobody is injured thereby. Second — When a creditor seizes property in tbe possession of tbe vendee of bis debtor and sets up that tbe sale was a simulation, it is incumbent on him to show that bis debtor has not in bis own name and possession sufficient property to discharge tbe debt.
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APPEAL from the Fifth District Court, parish of Richland. Richardson, J. Hirst — A man may dispose of his property as be sees fit, provided nobody is injured thereby. Second — When a creditor seizes property in tbe possession of tbe vendee of bis debtor and sets up that tbe sale was a simulation, it is incumbent on him to show that bis debtor has not in bis own name and possession sufficient property to discharge tbe debt. Third — He who alleges fraud or simulation assumes tbe onus of proving it. Rourtk — Where a vendee is in possession of property under a recorded title translative of…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
The plaintiff enjoins the seizure, under ft. fa. issued against his father, J. W. Willis, Sr., of immovable property which he claims as belonging to himself.
The seizing creditor defends by charging that the title of the plaintiff is a fraudulent simulation, and that the property really belongs to his judgment debtor.
*1028The'plaintiff, in support of the allegations of his petition, exhibits a conveyance by authentic act of sale from the judgment debtor, antedating the execution enjoined by a considerable period, for a price, adequate in amount,…
2Cases cited5 opinions
- Commonwealth v. M'CloskeySupreme Court of Pennsylvania · 1830
- Trahan v. McMannusSupreme Court of Louisiana · 1831
- Knight v. MurchisonSupreme Court of Louisiana · 1841
- Weeks v. FlowerSupreme Court of Louisiana · 1836
- Samory v. HebrardSupreme Court of Louisiana · 1841
3Cited by6 opinions
- Jackson v. BouanchaudSupreme Court of Louisiana · 1933
- Leon Godchaux Co. v. Di MaggioSupreme Court of Louisiana · 1913
- Hurst v. W. B. Thompson & Co.Supreme Court of Louisiana · 1906
- Guillory v. LatourSupreme Court of Louisiana · 1915
- Campti Motor Co. v. BoxLouisiana Court of Appeal · 1931
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