Nature of the Case
To access this section all you need to do is click here and register.
Facts
By the law of Louisiana a person in possession of personal property as owner, claiming title, cannot be disturbed in that possession by a seizure under judicial process running against another person; that a transfer in fraud of creditors cannot be attacked by a seizure by the marshal or sheriff, under an execution against the debtor, of the property in the hands of a third possessor; and that, consequently, in this suit, in which it was admitted that the goods had been taken out of the possession of P, it was not competent to set up as a defense actual title in the bankrupts. The seizure and taking of the property was stated to have been under a claim of authority based upon a writ or warrant issued by the judge of the District Court of the United States in certain proceedings in bankruptcy instituted in that court by D. P filed a lawsuit in state court against D, a United States marshal, to recover property that D took from P unlawfully. The other defendants below were sureties on the official bond of D as marshal. P was authorized to sue under United States statutes. Ds moved to remove the case to federal court because the lawsuit arose under federal law. D’s petition was eventually granted. The final judgment was in favor of Ds. P appealed.
Support@ bsmsphd.com
Casebriefs Co