Dreyfus v. Richardson
Supreme Court of Louisiana
APPEAL from the Eighth Judicial District Court, parish of East Carroll. Montgomery, Judge ad hoc. An executor in undisputed possession of real estate belonging to the succession he is administering should enjoin the seizure of such real estate, when threatened for the debt of a third person. C. P. Arts. 303, 398 and 399; 6 IT.
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APPEAL from the Eighth Judicial District Court, parish of East Carroll. Montgomery, Judge ad hoc. An executor in undisputed possession of real estate belonging to the succession he is administering should enjoin the seizure of such real estate, when threatened for the debt of a third person. C. P. Arts. 303, 398 and 399; 6 IT. S. 311. In such case, it is not necessary to wait until an actual seizure is made, but he may enjoin to prevent the property from being seized and taken out of his possession. 6 IT. S. 311. He can and should enjoin against any act which would work an irreparable injury…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
On the first of May, 1878, L. E. Bolt assumed to sell to Frank Wilson, for $30,000, all and singular his undivided interest in and to the lands and real property belonging to the estate of James E. Wilson, deceased, acquired by him from James B. Wilson, Jr., one of the heirs of the latter, and from Lula B. Farish. another heir of the same person. The act contains a description of the lands and real estate in question.
In order to secure the payment of the notes issued to represent the price, vendor’s privilege was retained on what was…
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