
    No. 6568.
    Succession of J. C. Patrick. Opposition of L. E. Carroll.
    The action en declaration de simulation will not lie except upon allegations and proof of insolvency.
    The only purpose of notice of assignment is to protect the assignee against creditors or subsequent purchasers of the assignor, and payments made by the debtor in ignorance of the assignment.
    The right of an executor of an estate to invest the succession funds in the purchase of a judgment is a matter in which the judgment debtor has no concern. The exectitor is accountable only to the creditors and heirs of the estate he is administering for any improper use of the succession funds.
    Appeal from the Parish Court of West Baton Rouge. Woodruff, J.
    
      Barrow & Pope for Patrick’s Succession. Favrot & Lamon for Opponent.
   Spencer, J.,

delivered the opinion reversing the judgment below.  