Oliver v. Stevens
Supreme Court of Louisiana
'\A.ction before the District Court of Catahoula, King, J., by Peter G. Oliver, James Woodburn, John V. Robertson, and Sarah Schilling, administratrix of John Warfield, and tutrix of his minor heirs, against James H. Stevens, sheriff of the parish of Catahoula, and Joseph H. D. Bowmar, to enjoin an execution issued on a twelve months’ bond, executed by the plaintiffs in favor of Bowmar, for certain property purchased at a sale by the sheriff under an order of seizure.
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'\A.ction before the District Court of Catahoula, King, J., by Peter G. Oliver, James Woodburn, John V. Robertson, and Sarah Schilling, administratrix of John Warfield, and tutrix of his minor heirs, against James H. Stevens, sheriff of the parish of Catahoula, and Joseph H. D. Bowmar, to enjoin an execution issued on a twelve months’ bond, executed by the plaintiffs in favor of Bowmar, for certain property purchased at a sale by the sheriff under an order of seizure. The injunction was dissolved with damages, and Woodburn and Schilling appealed.
1Opinion of the CourtMorphy, J.
The plaintiffs, as principal and sureties on a twelve months’ bond, enjoined an execution issued upon the bond at the instance of the defendant Bowmar. The facts out of which this controversy grows, are as follows : On the 8th of July, 1837, Charles S. Abercrombie had a conventional mortgage recorded in the office of the parish judge of Ouachita against Robert H. Bow-mar, his brother-in-law, for the sum of $10,135, with ten per cent interest per annum, from the 18th of May, 1837. Bernard Hem-ken and Joseph H. D. Bowmar brought suit against Robert Bow-mar for debts respectively due to them. At…
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