
    No. 7362.
    J. E. Smith vs. M. F. Pool et al.
    Where property has been attached, and a third party intervenes claiming ownership under a recorded title, and executes a release bond whereby possession of the property is delivered to him, and the attachment process is not maintained, thus leaving the property in the intervenor’s possession, the attaching creditor is judicially estopped from ignoring or denying the possession of the intervenor. A seizure of this property afterwards, while thus in the intervenor’s possession, hy the attaching creditor under ají. fa., against his judgment debtor, is tortious. The intervenor had X>ossession under a recorded title. The attaching creditor must resort to the revocatory action.
    Appeal from the District Court for St. Tammany. Duncan, J.
    
      Ellis & Ellis for Plaintiff.. Thompson for Defendants Appellants.
   De Blanc, J.,

delivered the opinion reversing the judgment, Spencer J, dissenting. On rehearing, Manning, C. J., delivered the opinion, setting aside the former decree and affirming the judgment, De Blanc, J., dissenting.  