Gaither v. Johnson

Louisiana Court of Appeal

Gaither v. Johnson

1 Gunby 94

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 94 (Gaither v. Johnson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gaither v. Johnson, 1 Gunby 94 (La. Ct. App. 1885).

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Opinion

Clinton, J.

Where property is seized in the possession of thé debtor, the presumption of law is that it belongs to him, and if a third person intervenes, claiming to be the owner of the property, plaintiff may, under the general issue, introduce evidence to show that the sale to intervenors was a -simulation. 4 M. 622; 16 L. 380.

2.Though there be an actual sale intended by the parties, and actual or' constructive delivery made; yet, if the property remains in possession of the vendor, not under a precarious title, but by precarious possession, it is subject to be seized for his debts.

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Clinton, J.

Where property is seized in the possession of thé debtor, the presumption of law is that it belongs to him, and if a third person intervenes, claiming to be the owner of the property, plaintiff may, under the general issue, introduce evidence to show that the sale to intervenors was a -simulation. 4 M. 622; 16 L. 380.

2.Though there be an actual sale intended by the parties, and actual or' constructive delivery made; yet, if the property remains in possession of the vendor, not under a precarious title, but by precarious possession, it is subject to be seized for his debts.

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Bluebook (online)

1 Gunby 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaither-v-johnson-lactapp-1885.