State ex rel. Southern Publishing Co. v. Ellis

13 Tiess. 397
CourtLouisiana Court of Appeal
DecidedMarch 27, 1916
DocketNo. 6686
StatusPublished

This text of 13 Tiess. 397 (State ex rel. Southern Publishing Co. v. Ellis) 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
State ex rel. Southern Publishing Co. v. Ellis, 13 Tiess. 397 (La. Ct. App. 1916).

Opinion

His Honor, JOHN ST. PAUL,

rendered the opinion and decree of the ’Court, as follows:

Reiator appealed suspensively. The trial Judge dismissed the appeal for want of a good and sufficient surety on the appeal bond. Hence this application.

The surety was a married woman and her only property consisted of a piece of real estate given to her during marriage by her husband who still lives.

The surety is not sufficient. The property owned by her and revocable at any time by her husband is not liable to seizure, that is to say, to such effective seizure as will profit the person effecting the seizure, since no sale thereof under execution conveys title to the purchaser who cannot be defeated until cured by prescription of ten years.

Leverett vs. Loeb, 117 La., 310.

The preliminary writ herein issued is recalled and relators application for prohibition is dismissed.

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Related

Leverett v. Loeb
41 So. 584 (Supreme Court of Louisiana, 1906)

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Bluebook (online)
13 Tiess. 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-southern-publishing-co-v-ellis-lactapp-1916.