Decuir v. Veazey

Citations

• 8 La. Ann. 453

Syllabus

<p>The prescription of one year, established by Article 19S9 of the Code, is not applicable to simulated sales.</p> <p>The prescription of ten years, established by Article 3442 of the Code, requires good faith in the purchaser.</p> <p>In an action to annul a simulated sale, the prayer of the petition was, that the property be w sold in satisfaction of petitioner’s judgment; ” but the judgment decreed the property “ subject to the just claims of his (defendant’s) creditors.” An amendment of the decree was asked for so as to make it c rrespond with the prayer. By the Court: The appellee is entitled to the amendment. The Code of Louisiana contemplates that the revocatory action shall enure to the benefit of the creditor who has been at the expense and risk of prosecuting the action, (C. 0. 1972,) and although we do not regard the present action as coming within the restrictions and limitations applicable to the Actio BaruMana, or revocatoria, yet there is certainly that analogy which the greater bears to the less; and the practice of our predecessors has been in conformity with the prayer of plaintiff’s petition.</p>