Hicks Co. v. Thomas

Citations

• 114 La. 219
• 38 So. 148
• 1905 La. LEXIS 442

Syllabus

<p>ATTACHMENT — CLAIM BY THIRD OPPONENT— PLEADING — INSOLVENCY OP DEBTOR.</p> <p>1. Plaintiff obtained a writ of attachment, and had property seized, as belonging to defendant, which the latter’s wife claimed by third opposition.</p> <p>2. In answer to the third opposition, plaintiff attacked third opponent’s title on the ground of fraud and undue preference, on the part of the husband, in favor of his wife, under Act No. 46, p. 65, of 1886, which authorizes the seizing creditor, in his answer to the third opposition, to allege and prove opponent’s title fraudulent.</p> <p>3. The action was_, in character, revocatory, and without the essential allegation and proof to sustain such an action, without which such an action cannot be maintained.</p> <p>4. The court’s action in rejecting plaintiff’s demand is maintained, and the right is reserved to plaintiff to institute suit to assert right, if any it has.</p> <p>(Syllabus by the Court.)</p>