State ex rel. Jennings-Heywood Oil Syndicate v. Debaillon

Citations

• 113 La. 619
• 37 So. 534
• 1904 La. LEXIS 683

Syllabus

<p>SUSPENSIVE APPEAL — EFFECT — INJUNCTION— DISSOLUTION — POSSESSORY ACTION-SEQUESTRATION.</p> <p>1. A person who had entered into possession of property for the purpose of extracting oil therefrom under an oil and mineral lease was made defendant in a possessory action, and an injunction issued against him, restraining him from taking any further steps in the premises. On the trial of the case, defendant’s rights were recognized and ordered to be enforced; plaintiff’s demand being rejected and dismissed, and the injunction set aside. Plaintiff, however, obtained and perfected a suspensive appeal from the judgment. The effect of the appeal was to hold matters in abeyance until the rights of the parties had been finally passed upon on the appeal.</p> <p>Under such circumstances, defendant could not legally claim and obtain in a possessory action instituted by himself during the pendency of the appeal a counter injunction against the plaintiff, and through such injunction nullify the first injunction and reverse the situation.</p> <p>The district court could consistently, however, upon defendant’s making a proper showing, place the property in the custody of the court, through the sheriff, under a sequestration, and so hold it until the decision of the case on appeal.</p> <p>(Syllabus by the Court.)</p>