Yale & Bowling in Liquidation v. Bond & Williams
Supreme Court of Louisiana
APPEAL from the Fifth District Court, Parish of Morehouse. Richardson, J. In an opposition by a third person claiming property seized, the only issue raised by him is the fact of ownership. 12 An. 341; 15 An. 136. The only question that can be raised by a party when enjoined, who has caused a direct seizure of certain property in the hands of a third person, is simulation of the title by which it is held.
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APPEAL from the Fifth District Court, Parish of Morehouse. Richardson, J. In an opposition by a third person claiming property seized, the only issue raised by him is the fact of ownership. 12 An. 341; 15 An. 136. The only question that can be raised by a party when enjoined, who has caused a direct seizure of certain property in the hands of a third person, is simulation of the title by which it is held. A real title, however fraudulent, can not be thus collaterally attacked. It must be previously set aside and annulled by a direct action before a seizure can be legally effected. 5 M. N. S.…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This is a third opposition, coupled with an injunction, restraining sale of certain property that was seized by plaintiffs in execution, as that of defendants’ as their judgment debtors, third opponents setting up title thereto and claiming ownership.
On the trial there was judgment' in favor of third opponents, decreeing them to be the owners of the property seized, and disregarding the other demands, and the seizing creditors have appealed.
The averments of opponents’ petition are, in substance, that the creditors of Bond & Williams, under a…
2Cited by1 opinion
- State v. SmithSupreme Court of Louisiana · 1905