J. Grossman's Sons v. Sanders

Citations

• 114 La. 958
• 38 So. 692
• 1905 La. LEXIS 577

Syllabus

<p>SIMULATED SALE — DECLARATION DE SIMULATION — PARTIES—RENT CLAIM — DONATION OR SALE — JUDGMENT.</p> <p>1. The property was sold partly cash, and, partly on time. The vendors were in good faith, and sold to the vendee without reference to any agreement or understanding between their vendee and her father. They had a right to select their vendee, and no change can be made under the circumstances whereby the father can be substituted to the daughter as vendee, and this without the least notice to the vendors.</p> <p>2. The vendors were necessary parties to the suit. It does not appear that the contract was a mere simulation. Some valid consideration passed between the parties.</p> <p>This is additional reason rendering it necessary to make parties.</p> <p>3. The vendors were third persons who chose to sell the rent claim due by the father of the vendee to the vendee, without special mention made of this claim in a deed in which they sold immovable property to this vendee.</p> <p>4. Whether considered as a donation or a sale, the matter of form is not something of which a creditor can avail himself to have the property considered as property of their debtor, and this without citing and making the vendors parties to the suit which affects their contract.</p> <p>5. The judgment obtained on this rent claim had valid consideration. In addition, the claim, without reference to the judgment, was secured by the lessor’s privilege, which gave intervener standing to claim the proceeds.</p> <p>The manner of executing the judgment was not prejudicial error.</p> <p>6. The rent claim is reduced to the amount due by deducting a sum due by the former lessor.</p> <p>(Syllabus by the Court.)</p>