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Lewis v. Dinkgrave

John G. W. Lewis v. B. H. Dinkgrave, Sheriff, and others

Lewis v. Dinkgrave, 24 La. Ann. 489 (1872)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
July 15, 1872
Docket
No. 312
Judges
Wyly
Citations
24 La. Ann. 489
Headnotes
A person holding or claiming apiece of real property nnder a simulated title can not maintain an injunction against the sale thereof by judgment creditors of his vendors.
Summary
from the Fourteenth Judicial District Court, parish of Ouachita. Bay, J.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wyly

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Wyly, J.

The plaintiff, claiming to be the owner, enjoins the sale of the property described in the petition, being a storehouse and a lot of ground in the town of Trenton, and also a stock of goods, seized as the property of J. H. Tatum, by his judgment creditors.

He alleges he bought this property from Tatum on third day of December, 1870, for $18,000, evidenced by his three promissory notes. The defendants plead the simulation of the sale from Tatum to the plaintiff.

The court gave judgment for the defendants’ and the plaintiff appeals. We see no error in the judgment.

From the evidence in the record we are satisfied that the sale from Tatum to the plaintiff was a mere simulation. •

It is therefore ordered that the judgment be affirmed, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1914: 119142026peak 1914 · 1

Relies on it most ⓘ

  1. Estate of Carmody v. Cooper163 Iowa 463 (1914)

Most recent

  1. Estate of Carmody v. Cooper163 Iowa 463 (1914)

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