This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1855 Excerpt: ...these issues, the parties went to trial, and upon
the evidence adduced, the court below made a decree annulling the
judgment obtained by Lum and setting aside the Sheriff's sale. From
this judgment, all the defendants havo appealed. An examination of
the evidence has fully satisfied us, that the District Judge did
not err in annulling the judgment and setting aside the sale. We
think it clear that there existed between these parties a
fraudulent combination to deceive and baffle a portion at least of
the creditors of John Lane, of whom the plaintiff was one. When the
sale was made by him to his son, he was insolvent, and tho seizure
upon the Bonaffe judgment was impending. The terms of the deed are
entirely out of the usual course of business, and indicate what the
vendor afterwards expressly avowed, that it was made for the
purpose of keeping his creditors from selling him out. As, however,
Edward M. Lane readily assented that Lum should oust him, and now
disclaims any interest in this controversy, that sale requires no
further consideration, except so far as its simulation forms a link
in the chain of circumstances going to show the relation of these
parties, and the animus of these transactions. With regard to the
confession of judgment and the sale, a brief recapitulation of the
prominent indicia of fraud is necessary. Some of the circumstances
are less grave than others, and taken alone, might be insufficient
to prove it; but when aggregated, they demonstrate conclusively the
bad faith of the defendants. John Lane was an insolvent debtor.
Edward M. Lane, his simulated vendee, was his son, and well
acquainted with his pecuniary condition. Lum was the father-in-law
of Edward, and from this relation, as well as from other matters in
evidence, must be cons...
|Country of origin:
Louisiana Supreme Court
||246 x 189 x 21mm (L x W x T)
||Paperback - Trade
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