
    (46 South. 101.)
    No. 16,820.
    JACKSON v. CRILLTON et al.
    (March 16, 1908.
    Rehearing Denied April 13, 1908.)
    Sequestration — Release on Bond.
    The concluding paragraph of Code Prac. art. 274, is controlled by the provisions of Code Prac. art. 279, agreeably to which any sequestration, whether judicial or otherwise, save in cases of failure, may be released on bond.
    (Syllabus by the Court.)
    Appeal from Civil District Court, Parish of Orleans; George Henry Théard, Judge.
    Action by Louisia Jackson against Louis H. Crillton and others. Judgment for defendants, and plaintiff appeals.
    Reversed and remanded.
    Francis Rivers Richardson, for appellant. James Clark Henriques, for appellee.
   MONROE, J.

Plaintiff appeals from a judgment denying her the right to bond a judicial sequestration of the real estate herein sought to be partitioned; more than 10 days having elapsed from the date of the sequestration, and the defendants having made no effort to exercise that right.

This court has held that the concluding paragraph of Code Prac. art. 274, reading: “In such cases, sequestration [referring to the judicial sequestration of real property] may be ordered to continue until the question of ownership shall have been decided” — is governed by the provisions of Code Prac. art. 279, which authorizes the bonding of any sequestration, save in cases of failure. State ex rel. Taylor v. Judge, 26 La. Ann. 65; State ex rel. Des Allemands Lumber Co. v. Judge, 110 La. 853, 34 South. 804; Ramos Lumber Co. v. Sanders, 112 La. 614, 36 South. 625.

It is therefore ordered, adjudged, and decreed that the judgment appealed from be annulled and reversed, and the case remanded to the district court, to be there proceeded with according to law and to the views herein expressed; the defendant (appellee) to pay the costs of the appeal.  