Gomila v. Wilcombe
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern-District of Louisiana. This is an appeal from the District Court for the Eastern District of Louisiana. The question involved arose in the bankruptcy case of John E.. Wilcombe, bankrupt.
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Appeal from the District Court of the United States for the Eastern-District of Louisiana. This is an appeal from the District Court for the Eastern District of Louisiana. The question involved arose in the bankruptcy case of John E.. Wilcombe, bankrupt. Wilcombe was adjudicated a bankrupt on the 8th day of September, 1905. On the 16th day of August preceding, he transferred to-his wife certain real estate in the parish of Tangipahoa, La., which it is unnecessary to describe. The consideration for the transfer was $3,000. Joseph-' II. Gomila, having been selected as trustee for the estate of…
1Opinion of the Court
After stating the case as above, the opinion of the court was delivered by
NEWMAN, District Judge.
The interesting question presented by the record in this case is whether a dation en paiement made by husband to wife in Louisiana, and executed and delivered within four months of the subsequent voluntary bankruptcy of the husband, should be set aside as a preference under sections 60a and 60b of the bankruptcy act of 1898 (Act July 1, 1898, c. 541, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3445]).
In the course of the proceedings in the case before the referee by written agreement between the…
2Cases cited4 opinions
- Lehman, Abraham & Co. v. LevySupreme Court of Louisiana · 1878
- Judice v. NedaSupreme Court of Louisiana · 1852
- Lacomb v. Her HusbandSupreme Court of Louisiana · 1852
- Lefebvre v. De MontillySupreme Court of Louisiana · 1846
3Cited by1 opinion
- Lynch v. SpeedCourt of Appeals for the Fifth Circuit · 1926