Lowry v. West Monroe Lumber Co.

Citations

• 105 La. 223

Syllabus

<p>Syllabus.</p> <p>In an action to set aside a sale made at public auction, on the ground of simulation, it is attempted to have it decreed that a new corporation was a mere locum tenens of an old corporation indebted to plaintiffs and which superseded the old corporation only for (plaintiffs aver) the purpose of buying the property of the latter in order to escape the payment of its debt.</p> <p>The simulation charged is not sustained against the corporation, which was the seizing creditor in the first suit. The mortgage of this creditor primed all others. The transactions between the seizing creditor and the new corporation have no appearance of being simulated and are not subject to the action en declaration de si/multation.</p>