Toler v. Scott

Louisiana Court of Appeal

Toler v. Scott

1 Gunby 71

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 71 (Toler v. Scott) 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

Toler v. Scott, 1 Gunby 71 (La. Ct. App. 1885).

Pincite

Opinion

Mayo, J.

The Clerk of the District Court has the right to grant injunctions.

2. Where a party is sued for a partition of real estate, which she has in her possession, and from a judgment'decreeing a partition she takes a suspensive aopeal, giving bond for the estimated value of the rents and revenues likely to accrue, pending the appeal, such bond is legal and binding on her; though a married woman, it is not a debt of the community, but relates to her separate estate.

3. The sureties on such a bond are liable for the rents and revenues covered by said obligation. 3 An. 685; 9 An. 425.

4. But the sureties cannot be sued until judgment has been obtained and executed against their principal. 32 An. 993.

Free access — add to your briefcase to read the full text and ask questions with AI

Mayo, J.

The Clerk of the District Court has the right to grant injunctions.

2. Where a party is sued for a partition of real estate, which she has in her possession, and from a judgment'decreeing a partition she takes a suspensive aopeal, giving bond for the estimated value of the rents and revenues likely to accrue, pending the appeal, such bond is legal and binding on her; though a married woman, it is not a debt of the community, but relates to her separate estate.

3. The sureties on such a bond are liable for the rents and revenues covered by said obligation. 3 An. 685; 9 An. 425.

4. But the sureties cannot be sued until judgment has been obtained and executed against their principal. 32 An. 993.

Cite This Page — Counsel Stack

Bluebook (online)

1 Gunby 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toler-v-scott-lactapp-1885.