A. K. Bonham & Co. v. Chaffe

Louisiana Court of Appeal

A. K. Bonham & Co. v. Chaffe

1 Gunby 62

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 62 (A. K. Bonham & Co. v. Chaffe) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. K. Bonham & Co. v. Chaffe, 1 Gunby 62 (La. Ct. App. 1885).

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Opinion

Clinton, J.

Under Articles 1982 and 1983 C. C., when a sale is revoked as simulated, at the suit of one creditor, he has no right to be paid out of the proceeds in preference to other creditors ; but the property is placed back, as regards conflicting creditors, just as it was before the pretended sale took place. In regular revocatory actions it is different; for, in such actions, the sale is onty revoked in so far as it affects the complaining creditor, and others have no right to share in the fruits of his vigilarme. C. C. 1977.

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Clinton, J.

Under Articles 1982 and 1983 C. C., when a sale is revoked as simulated, at the suit of one creditor, he has no right to be paid out of the proceeds in preference to other creditors ; but the property is placed back, as regards conflicting creditors, just as it was before the pretended sale took place. In regular revocatory actions it is different; for, in such actions, the sale is onty revoked in so far as it affects the complaining creditor, and others have no right to share in the fruits of his vigilarme. C. C. 1977.

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Bluebook (online)

1 Gunby 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-k-bonham-co-v-chaffe-lactapp-1885.