State ex rel. Southern Publishing Co. v. Ellis
Also decided on this docket: La. Ct. App. 1st Cir., June 13, 1966 188 So. 2d 105; La., May 15, 1880 32 La. Ann. 643; La., December 15, 1877 29 La. Ann. 861; La. Ct. App. 3d Cir., November 15, 1978 364 So. 2d 1370; La. Ct. App. 4th Cir., March 12, 1975 309 So. 2d 744
State ex rel. Southern Publishing Co. v. Ellis, 13 Tiess. 397 (La. Ct. App. 1st Cir. 1916).
Opinion text
His Honor, JOHN ST. PAUL, rendered the opinion and decree of the ’Court, as follows: Reiator appealed suspensively. The trial Judge dismissed the appeal for want of a good and sufficient surety on the appeal bond. Hence this application. The surety was a married woman and her only property consisted of a piece of real estate given to her during marriage by her husband who still lives. The surety is not sufficient. The property owned by her and revocable at any time by her husband is not liable to seizure, that is to say, to such effective seizure as will profit the person effecting the seizure, since no sale thereof under execution conveys title to the purchaser who cannot be defeated until cured by prescription of ten years. Leverett vs. Loeb, 117 La., 310 . The preliminary writ herein issued is recalled and relators ’ application for prohibition is dismissed.