Reboul's Heirs v. Behrens
Supreme Court of Louisiana
Eastern Dis. APPEAL PROM THE COURT OP THE POURTH DISTRICT, THE JUDGE OP THE THIRD PRESIDING. This action was brought to enjoin the defendants from further proceedings, in a suit against the plaintiffs, in which judgment had been obtained against the latter, a writ offieri facias issued, and their property seized. Louis A. Reboul, the ancester of the plaintiffs, had purchased a tract of land, and had given his mortgage upon it for the payment of the purchase money.
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Eastern Dis. APPEAL PROM THE COURT OP THE POURTH DISTRICT, THE JUDGE OP THE THIRD PRESIDING. This action was brought to enjoin the defendants from further proceedings, in a suit against the plaintiffs, in which judgment had been obtained against the latter, a writ offieri facias issued, and their property seized. Louis A. Reboul, the ancester of the plaintiffs, had purchased a tract of land, and had given his mortgage upon it for the payment of the purchase money. After his death, a suit was instituted by his vendor against his widow and heirs, for the balance then due. Judgment having been…
1Opinion of the CourtMartin, J.
The plaintiffs and appellants complain of the dissolution of the injunction and the dismissal of the suit, on the ground of the insufficiency of the affidavit.
The creditor who laizcdmderexe-twelve’ months bond, cannot re-sorttotheorigmal judgment, until ¡V3 has tlie property of su?o?y!n°irial ™d The affidavit for mast lm'sllchas to render the party liable to a conviction for perju-w, if the facta sworn to are not mie- itisillsufficient Sg afijmS", the material acts are true and cor-hu knowledge.,
The affiant swore, “that the material facts and allegations & in the said petition, are true and…
2Cases cited1 opinion
- Hudson v. DangerfieldSupreme Court of Louisiana · 1830
3Cited by5 opinions
- Henderson v. ReynoldsIndiana Supreme Court · 1907
- Siegmund v. AscherAppellate Court of Illinois · 1890
- Speyrer v. MillerSupreme Court of Louisiana · 1902
- McClatchey v. Guaranty Bank & Trust Co.Supreme Court of Louisiana · 1953
- Woodruff v. PayneSupreme Court of Louisiana · 1844