Smith's Heirs v. Johnston

Citations

• 110 La. 557
• 34 So. 677
• 1902 La. LEXIS 191

Syllabus

<p>JUDGMENT — EXECUTION SALE — CLAIMS OP THIRD PARTIES — APPEAL.—REVERSAL—REMAND — FURTHER PROCEEDINGS.</p> <p>1. The property remained in the clerk’s office in the name of one who disclaims ownership, having been paid the amount for which he had the property seized and sold, and of which he had become the adjudicatee at the sale.</p> <p>The payment was made by the father for his own account, or by him for account of his children. If payment was made for account of his children, they are the owners, and the property was not subject to seizure. If, on the other hand, payment was made by plaintiff’s father, and the name of the minors was used as a shield, then the property was the father’s. The testimony did not satisfy the district court that the children had rights such as claimed. On appeal, the court has not found the error urged by appellants.</p> <p>Provosty and Monroe, JJ., dissenting.</p> <p>On Rehearing.</p> <p>2. The court, exercising its discretion to remand causes when the interests of justice require it, sets aside the judgment herein and remands the case.</p> <p>(Syllabus by the Court.)</p>