Lambeth v. Sentell
Supreme Court of Louisiana
APPEAL from the Twelfth District Court, Parish of Avoyelles. Blackman, J. 1. Excessive seizure is no ground of injunction against fieri facias. Bagley vs. Tate, 10 It. 45; Powell vs. Hayes, 31 Ann. 789; Burgess vs. G-oidy, 32 Ann. 1297; Gusman vs. EePoret, 33 Ann. 333. 2. Seizure of rented immovable property under fieri facias need not bo accompanied by notice to tenants.
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APPEAL from the Twelfth District Court, Parish of Avoyelles. Blackman, J. 1. Excessive seizure is no ground of injunction against fieri facias. Bagley vs. Tate, 10 It. 45; Powell vs. Hayes, 31 Ann. 789; Burgess vs. G-oidy, 32 Ann. 1297; Gusman vs. EePoret, 33 Ann. 333. 2. Seizure of rented immovable property under fieri facias need not bo accompanied by notice to tenants. Carroll vs. Chaffe, 35 Ann 83; Pipkin vs. The Sheriff, 36 Ann. 782. 3. When the creditor has special mortgage upon a part of his debtor’s property, he may seize the mortgaged portion under tho usual form of fieri facias,…
1Opinion of the Court
The opinion of the court was delivered by
Poems, J.
This appeal is prosecuted by plaintiff from a judgment dissolving an injunction taken to arrest the execution of a judgment held by the defendant Sentell, with two per cent per annum interest on the amount of the judgment enjoined and damages in the sum of one hundred and fifty dollars in solido against herself and her sureties on the injunction bond. The grounds of her injunction were in substance as follows:
1st. That the amount of property seized was excessive, and that in an execution not resting on a special mortgage, she was denied the…
2Cases cited2 opinions
- Bagley v. TateSupreme Court of Louisiana · 1845
- Calderwood v. Prevost ex rel. BeersSupreme Court of Louisiana · 1844
3Cited by2 opinions
- Gottlieb v. SchlossLouisiana Court of Appeal · 1926
- McLemore v. AbellLouisiana Court of Appeal · 1929