Pierce v. Sturdivant

Citations

• 108 La. 558

Syllabus

<p>Syllabus.</p> <p>1. Sequestration was sued out against a crop standing ungathered in the fleid. The affidavit was that plaintiff feared defendant would conceal, part with, or dispose of the crop. Defendant’s charge of falsity of the affidavit gave rise to inquiry' into the reasonableness of the fear expressed by plaintiff.</p> <p>2. On this inquiry, involving questions of fact, it is considered sufficient grounds existed to warrant the apprehension and sustain the writ.</p> <p>3. Where the right to sequester is contested on the averment of no grounds existing warranting resort to the writ, the inquiry is to be directed towards ascertaining whether the debtor was doing or saying that from which his creditor might apprehend the existence of an intention to do the hurtful' thing that the sequestration would prevent, rather than to ascertaining the-real Intentions of the debtor.</p>