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26 La. Ann. 492

Blanc v. Wallace

Supreme Court of Louisiana

Decided May 15, 1874

Supreme Court of Louisiana · decided 1874-05-15

<p>motion to dissolvethe sequestration should Rave been made absolute. The requisito oath. was not made. The affiant did not state that be feared or believed that tbe property on which the privilege exists would be removed out of the jurisdiction of the court, or concealed, parted with or disposed of ponding this suit.</p>

Decided 1874-05-15

Ludeling, C. J.

¶1This is a suit on a promissory note given for the price of machinery. The plaintiffs claim a privilege on the articles *493sold to defendants and obtained a sequestration. The motion to dissolve the sequestration should have been maintained. The requisite oath was not made. The affiant did not state that he feared or believed that the property on which the privilege exists would be removed out of the jurisdiction of the court, or concealed, parted with or disposed of pending this suit. C. P. 275 ; 4 R. 462 ; 6 An. 444; 9 An. 535; 11 R. 145. But, on the merits, the judgment of the lower court is correct.

¶2It is therefore ordered and adjudged that the judgment be affirmed. The costs of the sequestration of this appeal to be paid by the plaintiff.

¶3Rehearing refused.

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