Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 50

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 50

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1846 edition. Excerpt: ...the necessity of procuring evidence to prove a negative? The appellant, in endeavoring to rebut the appellees' allegations by this evidence, has proven too much, and has completed the proof of his adversaries, so far even as to show that John Kellar's conduct in that transaction is a good and sufficient ground to maintain the appellees' intervention in this suit, and to justify their allegations of fraud on which their original petition is based. It is obvious that Kellar, who joined the appellant in this appeal, and who therefore complains of the judgment which declares him to be the husband of the deceased, renews in this suit the attempt, which he made in Kentucky, to screen his property from the pursuit of his creditors, under the false pretence here that the whole belongs to his wife's succession. His application to discontinue his cause during the pendency of the intervention, evinces also, on his part, the intention of depriving his creditors of their recourse against his property, as he undoubtedly expected that, after having discontinued his action, the appellees' intervention would necessarily be dismissed; but, at the time of his attempt to discontinue, his litigious rights were under seizure; they were about being sold; he had no further control over them; and the judge a quo very properly rescinded the order of discontinuance thus illegally obtained. We think, therefore, that the intervenors' allegations of intended fraud on the part of Kellar, have been substantially made out; that they had a right to intervene for the purpose of preventing the fraud, having shown themselves to be his creditors, and in danger ot losing their rights from their debtor's fraudulent acts (Civil Code, ...show more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236871197
  • 9781236871190