DEPOSIT GUARANTY NATIONAL BANK v. SHIPP

No. 11371.

232 So.2d 810 (1970)

DEPOSIT GUARANTY NATIONAL BANK, Plaintiff-Appellee, v. William Carl SHIPP and Gordon Earl Adams, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied March 31, 1970.


Attorney(s) appearing for the Case

John Barkley Knight, Jr., Winnsboro, for defendants-appellants.

Cotton, Bolton & Kircus, by W. D. Cotton, Rayville, E. Rudolph McIntyre, Winnsboro, C. Eugene McRoberts, Jackson, Miss., for plaintiff-appellee.

Before DIXON, PRICE and WILLIAMS, JJ.


DIXON, Judge.

This is a suit to set aside a conveyance of land as a simulation. In the alternative, plaintiff sought to have the act of sale set aside as having been executed in fraud of plaintiff's right as a creditor of the vendor.

In answer the defendants contended that the conveyance complained of was merely dation en paiement to a mortgage creditor, and could in no way have prejudiced the rights of plaintiff.

There was a reconventional...

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