Robins v. Brown
Supreme Court of Louisiana
APPEAL from the Fifth Judicial District Court, parish of East Feli-ciana, MeVea, J. The possession of the owner is divested by seizure, and the sheriff is the rightful possessor and can maintain an action of trespass against a disturber of this possession. 6 Rob. 101. When the sheriff’s possession .has been divested by force and fraud on the part of the seized debtor, the wrong cannot afterward be condoned by a compromise between the seizing creditor and the seized debtor.…
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APPEAL from the Fifth Judicial District Court, parish of East Feli-ciana, MeVea, J. The possession of the owner is divested by seizure, and the sheriff is the rightful possessor and can maintain an action of trespass against a disturber of this possession. 6 Rob. 101. When the sheriff’s possession .has been divested by force and fraud on the part of the seized debtor, the wrong cannot afterward be condoned by a compromise between the seizing creditor and the seized debtor. 29 An. 214. There has been no force or fraud used by defendant to divest the sheriff’s - possession. Defendant has paid…
1Opinion of the Court
The opinion of the court was delivered by
White, J.
The plaintiff, as sheriff of the parish of East Feliciana,, sues to recover the sum of $1090 upon the following cause of action: That as sheriff, under the authority of a writ of sequestration, he levied on certain cotton, the property of John Dent, the defendant in the sequestration, and placed the same in charge of a keeper ; that the defendant fraudulently and illegally by force of arms took from the possession of the keeper two of the bales of cotton which had been sequestered and retained the same, one thousand dollars of the claim being…
2Cited by2 opinions
- Short v. LandesSuperior Court of Delaware · 1944
- State ex rel. Russel v. City of New OrleansLouisiana Court of Appeal · 1926