Hoffmann v. Ackermann

Citations

• 110 La. 1070
• 35 So. 293
• 1903 La. LEXIS 750

Syllabus

<p>FRAUDULENT CONVEYANCE — DECLARATION DE SIMULATION — PARTIES—PAROL EVIDENCE —SUPREME COURT — JURISDICTION.</p> <p>1. The case as presented by the petition was that a judgment debtor bought immovable property through an interposed person in whose name title was taken in order to screen and cover it from the pursuit of the judgment creditor. The vendor of the property was not a party to the scheme to defraud the creditor and sold in good faith, believing the interposed person the real purchaser. The sale itself is not attacked — the only object of the suit being to have it decreed that the judgment debtor is the true owner and not the person whose name was used. Held, not necessary to make the vendor a party defendant.</p> <p>2. The action is one in declaration of simulation, not to annul the sale, but to expose the real vendee. The simulation is not in the title conveyed, but in the name used as vendee.</p> <p>3. Where one buys a piece of property, and, in order to elude his creditors, causes the title to be inscribed in the name of another, that part of the transaction relating to the name used is a simulation, and to expose the mask and uncover the true owner may well be the province of the action en declaration de simulation.</p> <p>4. Wherever a fraudulent simulation exists, no matter through what instrumentalities the mask was applied — even though it be the machinery of the courts — creditors, alleging the fraud and injury practiced on them, may resort to parole testimony to expose the simulation.</p> <p>5. The fact that the trial court charged the jury erroneously as to the character of the action is not such error as justifies remanding the case. In civil causes, the jurisdiction over the law and the facts vested in this court, enables it to apply the law correctly, independently of the trial court, on the case as presented by the pleadings and evidence.</p> <p>On Rehearing.</p> <p>6. Parol evidence is inadmissible to show that real estate bought by a third