Burg v. Rivera

Citations

• 105 La. 144

Syllabus

<p>Syllabus.</p> <p>1. Where the vendee of a piece of real estate buys in good faith and pays the price, and then sells it in good faith to another person, partly for cash and partly on negotiable notes, secured by special mortgage and vendor’s privilege, a judgment creditor of the original owner cannot disregard the sales and make a direct seizure of the property under a writ of fieri facias, on the ground that the two sales are simulations, and tlie result of a collusion between the original owner and his mother-in-law, by which, as between themselves, she was to become the purchaser as a party interposed for himself.</p> <p>2. A vendor of real estate cannot, after he has divested himself of title, affect the rights of the purchaser by declarations made out of the presence of the purchaser derogatory to the title. ( 3 Ann. 230.)</p>