Sequestration

Sequestration

In the Past

In Louisiana (see more about this State laws here) practice. There is further information on this topic in this legal reference. The Code of Practice in civil cases in Louisiana (see more about this State laws here) , defines and makes the following provisions on the subject of sequestration. Art. 269. Sequestration is a mandate of the court, ordering the sheriff (see law enforcement in the U.S. encyclopedia), in certain cases, to take in 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 must be adjudged entitled to have the property (see more about this popular legal topic in the U.S. encyclopedia) or possession of that thing. This is what is properly called a judicial sequestratian. Vide 1 Mart. R. 79; 1 L. R. 439; Civil Code of Lo. 2941; 2948.

Developments

Art. 270. 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.

Details

Art. 271. All species of property (see more about this popular legal topic in the U.S. encyclopedia), real or personal, as well as the revenue proceeding from the same, may be sequestered.

Other Aspects

Art. 272. Obligations and titles may also be sequestered, when their ownership is in dispute.

More Information

Art. 273. Judicial sequestration is generally ordered only at the ask of one of the parties to a suit; there are cases, however, where it is decreed by the court without such ask or is the consequence of the execution of judgments.

Other Issues

Art. 274. The court may order, by reason only of holding the office, the sequestration of real property (see more about this popular legal topic in the U.S. encyclopedia) in suits, where the ownership of such property (see more about this popular legal topic in the U.S. encyclopedia) is in dispute and when one of the contending parties does not seem to have a more apparent right to the possession than the other. In such cases, sequestration may be ordered to continue, until the question of ownership must have been decided.

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Art. 275. Sequestration may be ordered at the ask of one of the parties in a suit in the following cases: 1. When one who had possessed for more than one year, has been evicted through violence and sues to be restored to his possession. 2. When one sues for the possession of movable property (see more about this popular legal topic in the U.S. encyclopedia) or of a slave and fears that the party having possession, may ill treat the slave or send either that slave or the property (see more about this popular legal topic in the U.S. encyclopedia) in dispute, out of the jurisdiction of the court, during the pendency of the suit. 3. When one claims the ownership or the possession of real property (see more about this popular legal topic in the U.S. encyclopedia) and has good ground to appre-hend, that the defendant may make use of his possession to dilapidate or to waste the fruits or revenues produced by such property (see more about this popular legal topic in the U.S. encyclopedia) or convert them to his own use. 4. When a woman sues for a separation from bed and board or only for a separation of property (see more about this popular legal topic in the U.S. encyclopedia) from her hushand and has reason to apprehend that he will ruin her dotal property (see more about this popular legal topic in the U.S. encyclopedia) or waste the fruits or revenues produced by the same during the pendency of the action. 5. When one has petitioned for a stay of proceedings and a meeting of his creditors and such creditors fear that he may avail himself of such stay of proceedings, to place the whole or a part of his property (see more about this popular legal topic in the U.S. encyclopedia), out of their reach. 6. A creditor by special mortgage must have the power of sequestering the mortgaged property (see more about this popular legal topic in the U.S. encyclopedia), when he appre-hends that it will be removed out of the state before he can have the benefit of his mortgage and will make oath of the facts which induced his apprehension.

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Art. 276. A plaintiff wishing to get an order of sequestration in any one of the cases above given, must annex to the petition in which he prays for such an order, an affidavit, setting forth the cause for which he claims such order, he must besides, execute his obligation in favor of the defendant, for such sum as the court must decide, with the surety of one good and solvent person, residing within the jurisdiction of the court, to be responsible for such damages (see more about this popular legal topic in the U.S. encyclopedia) as the defendant may sustain, in case such sequestration should have been wrongfully geted.

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Art. 277. When security is given in order to get the sequestration of real property (see more about this popular legal topic in the U.S. encyclopedia) which brings a revenue, the judge must need that it be given for an amount enough to compensate the defendant, not only for all damage (see more about this popular legal topic in the U.S. encyclopedia) which he may sustain, but also for the privation of such revenue, during the pendency of the action.

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Art. 278. The plaintiff when he prays for a sequestration of the property (see more about this popular legal topic in the U.S. encyclopedia) of one who has failed, is not needd to give such security, though that property (see more about this popular legal topic in the U.S. encyclopedia) bring in a revenue. Art. 279. A defendant against whom a mandate of sequestration has been geted, except in cases of failure, may have the same set aside, by executing his obligation in favor of the sheriff (see law enforcement in the U.S. encyclopedia), with one good and solvent surety, for whatever amount the judge may decide, as being equal to the value of the property (see more about this popular legal topic in the U.S. encyclopedia) to be left in his possession. Art. 280. The security therefore, given by the defendant, when the property (see more about this popular legal topic in the U.S. encyclopedia) sequestrated consists in movables or in slaves, must be responsible that he must not send away the same out of the jurisdiction of the court; that he must not make an improper use of them; and that he will faithfully present them, after definitive judgment, in case he should be decreed to restore the same to the plaintiff. Art. 281. As regards landed property (see more about this popular legal topic in the U.S. encyclopedia), this security is given to prevent the defendant, while in possession, from wasting the property (see more about this popular legal topic in the U.S. encyclopedia) and for the faithful restitution of the fruits that he may have received since the demand or of their value if his being cast in the suit. Art. 282. When the sheriff (see law enforcement in the U.S. encyclopedia) has sequestered property (see more about this popular legal topic in the U.S. encyclopedia) under an order of the court, he shall, after serving the petition and the copy of the order of sequestration on the defendant, send him return in writing to the clerk of the court which gave the order, stating in the same in what way the order was executed and annex to such return a true and minute inventory of the property (see more about this popular legal topic in the U.S. encyclopedia) sequestered, drawn by him, in the presence of two witnesses. Art. 283. The sheriff (see law enforcement in the U.S. encyclopedia), while he keeps possession of sequestered property (see more about this popular legal topic in the U.S. encyclopedia), is bound to take proper care of the same and to administer the same, if it be of such nature as to admit of it, as a prudent father of a family (see more about this popular legal topic in the U.S. encyclopedia) administers his own affairs. He may confide them to the care of guardians or overseers, for whose acts he stays responsible and he will be entitled to receive a just compensation for his administration, to be decided by the court, to be paid to him out of the proceeds of the property (see more about this popular legal topic in the U.S. encyclopedia) sequestered, if judgment be given in favor of the plaintiff. [1]

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Notes and References

1. Partialy, this information about sequestration is based on the Bouvier?s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier?s Law Dictionary, including sequestration.

See Also

Sequestration

In the Past

The process of sequestration is a writ of commission, sometimes directed to the sheriff (see law enforcement in the U.S. encyclopedia), but most usually, to four or more commissioners of the complainant's own nomination, authorizing them to enter upon the real or personal estate of the defendant and to take the rents, issues and profits into their own hands and keep possession of or pay the same as the court must order and direct, until the party who is in contempt must do that which he is enjoined to do and which is specially mentioned in the writ. 1 Harr. Ch. 191; Newl. Ch. Pr. 18; Blake's Ch. Pr. 103.

Developments

Upon the return of non est inventus to a commission of rebellion, a ser-geant-at-arms may be moved for; and if he certifies that the defendant cannot be taken, a motion may be made upon his certificate, for an order for a sequestration. 2 Madd. Chan. 203; Newl. Ch. Pr. 18; Blake's Ch. Pr. 103.

Details

Under a sequestration upon mesne process, as about a contempt for want of appearance or answer, the sequestrators may take possession of the party's personal property (see more about this popular legal topic in the U.S. encyclopedia) and keep him out of possession; but no sale can take place, unless perhaps to pay expenses; for this process is only to form the foundation of taking the bill pro confesso. After a decree it may be sold. See 3 Bro. C. C. 72; 2 Cox, 224; 1 Ves. jr. 86; 3 Bro. C. C. 372; 2 Madd. Ch. Pr. 206. See, generally, as to this species of sequestration, 19 Vin. Abr. 325; Bac. Ab. h. t.; Com.; Chancery, D 7, Y 4; 1 Hov. Supp. to Ves. jr. 25 to 29; 1 Vern. by Raith. 58, note 1; Id. 421, note 1. [1]

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Notes and References

1. Partialy, this information about sequestration is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including sequestration.

See Also

Sequestration

In the Past

A species of deposit, which two or more people, engaged in litigation about anything, make of the thing in contest to an indifferent person, who binds himself to restore it when the issue is decided, to the party to whom it is adjudged to belong. Louis. Code, art. 2942; Story on Bailm: 45. Vide 19 Vin. Ab. 325; 1 Supp. to Yes. jr. 29; 1 Vern. 58, 420; 2 Ves. jr. 23; Bac. Ab. h. t. 2. This is called a conventional sequestration, to distinguish it from a judicial sequestration, which is considered in the preceding article. Sec Dalloz, Dict. mot Sequestre. [1]

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Notes and References

1. Partialy, this information about sequestration is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including sequestration.

See Also