Bussey & Co. v. Rothschilds
Bussey & Co. v. Rothschilds
Opinion of the Court
The plaintiffs have appealed from a judgment dissolving a writ of attachment obtained by them against the property of the-defendant, on the allegation that he was “about to convert his property into money or evidences of debt with intent to place it beyond the reach of his creditors.” A careful examination of the evidence-does not convince us that the judge a quo erred. In our jurisprudence-this writ is considered a harsh remedy, and should not be granted except where the creditor is clearly entitled to it. The evidence does not make it clear that the defendant was about to convert his property into money or evidences of debt with the intent to place it beyond the reach of his creditors, as alleged, and as the law prescribes as the-ground for the writ.
It seems that the plaintiffs had issued a writ of sequestration and a. writ of attachment, under which all the property of the defendant, including a stock of goods, a lot of cotton, work animals, etc., was seized, and upon a compromise between the parties was released and restored to the defendant, upon the promise, as alleged, that he would ship to plaintiffs all the cotton he could get from his lessees and debtors, and pay to them what he could realize upon the sales of his goods. The acts complained of and shown by the evidence are that a few days after this agreement the defendant sold four bales of cotton to pay his landlord, who had taken out a provisional seizure, and sent two or three of his work animals to his brother’s plantation, a few miles-distant.
Judgment affirmed.
Reference
- Full Case Name
- Bussey & Co. v. J. A. Rothschilds
- Status
- Published