Legal Opinion

Merchants' & Farmers' Bank v. Harris

Supreme Court of Louisiana

Decided December 16, 1912No. 19,283PublishedCited by 1 opinion

Appeal from Third Judicial District Court, Parish of Claiborne; W. P. Edwards, Judge. Action by the Merchants’ & Farmers’ Bank against D. F. Harris, in which J. A. Hearin intervened, claiming certain attached property. Judgment in favor of plaintiff against defendant and in favor of intervener as to the property attached, and plaintiff appeals.

1Opinion of the CourtBreaux, C. J.

Plaintiff sued to recover judgment on a promissory note due by defendant, an absentee, who was proceeded against by writ of attachment. Defendant does not complain of the judgment nor of the attachment.

J. A. Hearin intervened, and claimed to be the owner of the land attached. The contention is between plaintiff and intervener.

Plaintiff answered the intervention, and alleged that the intervener was not in posses*831sion of the land at the time of the seizure, and that he had never been in possession of the property. It further alleged that the intervener’s asserted title was a sham and a…

2Cases cited2 opinions

  1. Weathers v. PecotSupreme Court of Louisiana · 1900
  2. Penrose v. Succession of GragardSupreme Court of Louisiana · 1901

3Cited by1 opinion

  1. Dorsey v. AshfordLouisiana Court of Appeal · 1941

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