Goothye v. Delatour

Citations

• 111 La. 766
• 35 So. 896
• 1903 La. LEXIS 570

Syllabus

<p>APPEAL — DISMISSAL — DEFECTIVE BOND — FRAUDULENT CONVEYANCE—KNOWLEDGE OF GRANTEE.</p> <p>1. Where several appellants give an appeal' bond, which in every respect conforms with the requirements of the law except that, instead of all the appellants binding themselves to prosecute the appeal, only one does so, the appeal will not be dismissed on the ground of the appellants having failed to bind themselves to-prosecute the appeal.</p> <p>2. An error in the recital of the date of the judgment appealed from will not vitiate the appeal bond, the judgment being otherwise unmistakably identified.</p> <p>On the Merits.</p> <p>3. The purchaser knew that a verdict had been returned against his vendor for a large-amount at the date that he bought the property the sale of which is attacked by plaintiff, who-is a judgment creditor of the vendor.</p> <p>4. The date of a debt for tort cannot be confined to the judgment which follows a credit, but it dates at least from the verdict. It was after verdict that the buyer bought the property the title to which property is attacked.</p> <p>5. The facts of the case lead to the conclusion that the purchase was not a real transaction, that it was in accordance with an understanding to protect the title and thwart plaintiff in his attempt to recover his judgment.</p> <p>6. The property was returned to the wife of the vendor, who is not shown to have had personal rights, or to have paid the price.</p> <p>7. Where a sale is attacked as simulated, and a prima íacie case oí simulation is made out, and the purchaser fails to offer rebuttal testimony to show that he actually paid anything ior the property, the sale will be decreed to be a simulation.</p> <p>8. The declaration in the deed that the price was paid Will not suffice. It must be sustained by other testimony.</p> <p>(Syllabus by the Court.)</p>