Sequestration

In Chancery Practice, A remedy by writ for the taking of property, and the rents and profits thereof, either to enforce a decree, 19 Ency, of PI, & Pr, 640, or to preserve the subject matter of the suit. See 3 Bl. Comm, 444, The writ issued sometimes to the sheriff, but usually to four or more commissioners. While the remedy is now practically superseded by executions against real estate, receivership proceedings and kindred remedies, it has not been abolished or prohibited and may be resorted to whenever it is deemed necessary.

19 Ency. of PI. & Pr. 540. See 6 Fed. 766; 11 Paige (N, Y.) 603.

In Contracts. A species of deposits which two or more persons, engaged in litigation about anything, make of the thing in contest with an indifferent person, who binds himself to restore it, when the issue is decided, to the party to whom it is adjudged to belong. Code La. art.

2942; Story, Bailm. § 45. See 19 Viner, Abr. 325; 1 Vern. 58, 420; 2 Ves. Jr. 23.

In Louisiana. A mandate of the court, ordering the sheriff, in certain cases, to take into his possession, and to keep, a thing of which another person has the possession, until after the decision of a suit, in order that it be delivered to him who shall be adjudged entitled to have the property or possession of that thing. This is what is properly called a "judicial sequestration."

See 1 Mart. (La.) 79; 1 La. 439; Civ. Code La. arts. 2941, 2948.

In this acceptation, the word "sequestration" does not mean a "judicial deposit," because sequestration may exist together with the right of administration, while mere deposit does not admit it.