Bank of Berwick v. George Vinson Shingle & Mfg. Co.

Citations

• 124 La. 1000
• 50 So. 823
• 1909 La. LEXIS 579

Syllabus

<p>1. Executors and Administrators (§ 423*)— Actions — Fraudulent Conveyances — Death oe Debtor — Rights oe Creditors.</p> <p>Judgment creditors of a deceased debtor have a right of action to annul any contract of their debtor made in fraud of their rights. The right of the succession representative to sue to annul fraudulent or illegal contracts is not exclusive.</p> <p>2. Fraudulent Conveyances (§ 27*) — Mortgages.</p> <p>A mortgage given to secure an actual loan of money may be fraudulent as to creditors, if made with the common intent to screen the property of the insolvent debtor from the pursuit of 'his creditors.</p> <p>3. Corporations (§ 387*) — Contract oe Cor- - PORATION — RIGHTS OE CREDITORS.</p> <p>An ultra vires contract of a corporation, like any other contract, may be impeached as in fraud of creditors.</p> <p>(Syllabus by tbe Court.)</p>