Payne v. Buford

Citations

• 106 La. 83

Syllabus

<p>Syllabus.</p> <p>1. This action as brought cannot be considered revocatory in character, to set aside acts and things done in fraud of creditors, or as giving an unfair preference, because the proper allegations are not made and because necessary parties are not cited.</p> <p>2. Viewed as an action en declwation de simulation the attach made on the sheriff’s sale of property must fail, for the evidence shows the sale a real one, and that a valid consideration was paid.</p> <p>3. Whatever presumption of simulation arose out of the circumstance of the debtor’s continued occupancy and possession of the plantation, was rebutted by satisfactory explanation.</p> <p>4. The vendor’s privilege on machinery put in a sugar house is lOBt if the cred- ■ itor permits the machinery to be sold confusedly with a mass of other things</p> <p>5. Haying lost their own privilege, plaintiffs have no interest to contest the rank of other mortgage and privilege creditors on the proceeds of the sale.</p>