Duncan v. Wise
Supreme Court of Louisiana
APPEAL from the Ninth District Court, Parish of Tensas. Young, J. 1. To sustain a sequestration, the question is not what the friends and neighbors of defendant thought or believed he would do, but what had the plaintiff a right to believe the defendant was doing and would continue to do, from his own acts, declarations and tacit admissions.
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APPEAL from the Ninth District Court, Parish of Tensas. Young, J. 1. To sustain a sequestration, the question is not what the friends and neighbors of defendant thought or believed he would do, but what had the plaintiff a right to believe the defendant was doing and would continue to do, from his own acts, declarations and tacit admissions. Allen, Nugent & Co. vs. Champlin, 32 Ann. 515; Portle vs. Price, 31 Ann. 363, 2 A writ of sequestration is a lawful act, and in event of failure there should be no dam - ages arder the ordinary rule, and in no case should the damages exceed the actual and…
1Opinion of the Court
The opinion of the Court was delivered by
Manning, J.
In January, 1881, Stephen Duncan sold to David Wise, the Newfoundland plantation, in Tensas parish, for $20,000, of which three thousand were paid cash, and for the residue four notes were executed secured by mortgage and vendor’s lien. One of these notes was paid and executory process was obtained on the others in the latter part of 1884, which was discontinued and an ordinary suit for foreclosure was instituted in January, 1885. At the same time the. mules, farming implements, and other movables were sequestered.
The foreclosure of the…
2Cases cited1 opinion
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