Compton v. Dietlein

Citations

• 118 La. 360
• 42 So. 964
• 1907 La. LEXIS 726

Syllabus

<p>1. Fraudulent Conveyances — Criminal Liability oe Purchaser — Sale in Block.</p> <p>Act No. 94, p. 137, of 1896, imposing a penalty of fine and imprisonment for “willfully and knowingly purchasing, in block, goods, wares and merchandise, unpaid for by the seller, without exacting from said seller a written statement, sworn to, showing that said goods, wares or merchandise have been paid for,” has no application to the case of a wife who receives such goods, etc., by dation en imiement from her husband in restitution of her paraphernal property, received and alienated by him.</p> <p>2. Same — Surrender of Property to Wife.</p> <p>A man may lawfully surrender to his creditors in general all the property that he has, and, unless the vendor of particular goods has preserved his privilege for the price, the proceeds of such goods will be distributed among the creditors in general; and whatever he may surrender to his creditors in general he may give to his wife, whom the law prefers to all other creditors, in satisfaction of her lawful claim against him, from which it follows that, though the property so given be not paid for, the wife may acquire a perfect title thereto, unless such title be incumbered with the privilege of the vendor for the price.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 24, Fraudulent Conveyances, §§ 380, 381.]</p> <p>(Syllabus by the Court.)</p>