Legal Opinion

Muse v. Yarbórough

Supreme Court of Louisiana

Decided February 15, 1838PublishedCited by 18 opinions

Eastern Dist. APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OP EAST FELICIANA, THE JUDGE THEREOF PRESIDING. This is a revocatory action, instituted by the syndic of the creditors of John Bostwick, to annul a mortgage and act of pledge of sundry pieces of real property in the parish of East Feliciana, and two promissory notes for two thousand dollars each, made in favor of Stephen Yarborough, a creditor of Bostwick.

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Eastern Dist. APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, FOR THE PARISH OP EAST FELICIANA, THE JUDGE THEREOF PRESIDING. This is a revocatory action, instituted by the syndic of the creditors of John Bostwick, to annul a mortgage and act of pledge of sundry pieces of real property in the parish of East Feliciana, and two promissory notes for two thousand dollars each, made in favor of Stephen Yarborough, a creditor of Bostwick. The acts were passed the 27th February, 1832, and the 30th April, 1833, purporting to convey this property, and pledge the notes to Yarborough for the…

1Opinion of the CourtBullard, J.

The syndic of the creditors of John Bostwick instituted the present suit, in order to annul the disposition of certain property, shortly previous to his surrender, on the ground of fraud, and certain nullities in the proceedings.

The principal facts alleged are, that Bostwick, some years ago, obtained from Yarborough a letter of credit, addressed to the house of Reynolds, Byrne & Co., for a sum not to exceed five thousand dollars; that in order to secure and indemnify Yarborough, he and his wife gave a mortgage on *528the property now in controversy, and also executed a pledge of two promissory…

2Cited by18 opinions

  1. Buty v. GoldfinchWashington Supreme Court · 1913
  2. Geilinger v. PhilippiSupreme Court of the United States · 1890
  3. Sonnier v. FrisSupreme Court of Louisiana · 1952
  4. Sarrazin v. W. R. Irby Cigar & Tobacco Co.Court of Appeals for the Fifth Circuit · 1899
  5. Swift v. BonvillainSupreme Court of Louisiana · 1916

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