
    No. 7685.
    William Nieman vs. M. & M. J. Condran.
    In an action en déelaration de simulation, it is incumbent on the plaintiff to allege and prove fraud and simulation, unless it appear from the evidence that the vendor has retained possession of the property purported to be transferred. In that case, under proof of the insolvency of the vendor and of injury to the complaining creditor, shown to be a creditor at the time of the alleged simulated sale, the burden is on the defendant to show and establish the reality of the sale. Judgment reversed.
    APPEAL from the Fourth District Court for the Parish of Orleans, Houston, J.
    J. jS'. Ferguson, for Plaintiff and Appellee.
    IF. S. Benedict, for Defendants and Appellants.
   On motion to dismiss, opinion of the Court was delivered by

Spencer, J.

On the merits, by

Poché, J.  