A. Adler & Co. v. Burton Lumber Co.
Supreme Court of Louisiana
APPEAL from the Fifteenth District Court, Parish of East Baton Rouge. Buckner, J. An affidavit clearly setting forth the character of a debt, to which the law grants a privilege, is an affidavit to the privilege, and is in this respect sufficient to warrant an order for sequestration. C. P. 276. The court may order the sheriff to sell sequestered property pendente lite, if it he perishable.
Read the full summary
APPEAL from the Fifteenth District Court, Parish of East Baton Rouge. Buckner, J. An affidavit clearly setting forth the character of a debt, to which the law grants a privilege, is an affidavit to the privilege, and is in this respect sufficient to warrant an order for sequestration. C. P. 276. The court may order the sheriff to sell sequestered property pendente lite, if it he perishable. C. P. 288; Oalder vs. Creditors, 44 An. 455; 15 La. 481; 12 An. 552; 11 La. 444; 41 An. 742. The vendor’s privilege need not he expressly stipulated; its renunciation must not he doubtful, but the language…
1Opinion of the Court
The opinion of the court was delivered by
Miller, J.
The plaintiffs, holders of promissory notes given by the defendant for the credit portion of the price of certain logs pur*381chased by him, bring this suit to compel payment of the notes. The original and supplemental petitions set forth the purchase of the logs by defendant, the execution and delivery of the notes in part settlement of the price, the acquisition of the notes by plaintiff, and there is the averment that plaintiffs are informed and believe that the notes are secured by the vendor’s privilege. On these petitions, supported by…
2Cited by2 opinions
- Bates-Crumley Chevrolet Co. v. BrownLouisiana Court of Appeal · 1932
- Hunter v. SandelSupreme Court of Louisiana · 1935