Kearns v. Collins
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. a) A sale by a constable, in parish of Jefferson, under a writ of ft. fa. over 90 days old, not returned within 30 days from its date, is null and void. R. S-, Sec. 635; Graff vs. Moylan, 28 Ann. 75; Jacobshagen vs. Moylan, 26 Ann. 735. (b) Sections 8 and 9 of Act 57 of 1867, providing summary proceedings for the collection of taxes, not being expressed in the title, are unconstitutional.
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APPEAL from the Civil District Court for the Parish of Orleans. Houston, J. a) A sale by a constable, in parish of Jefferson, under a writ of ft. fa. over 90 days old, not returned within 30 days from its date, is null and void. R. S-, Sec. 635; Graff vs. Moylan, 28 Ann. 75; Jacobshagen vs. Moylan, 26 Ann. 735. (b) Sections 8 and 9 of Act 57 of 1867, providing summary proceedings for the collection of taxes, not being expressed in the title, are unconstitutional. Art. 118, Const. 1864; Succession of Irwin, 33 Ann. 69. (c) Putting down the name of a fictitious person oil the assessment roll,…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is a petitory action.
The plaintiff, as curator of the widow of Joseph Allen, interdicted in January, 1867, claims the ownership of certain real estate, once situated in Jefferson City and now in New Orleans. He alleges that it was donated to her by her husband in 1856, anterior to tlieir marriage, *454tlie aet being recorded the next day. He avers that the property has never been alienated by her, and is in possession of the defendant, who pretends to be the owner of it.
The defence is that the defendant purchased the property in 1884,…
2Cited by6 opinions
- Cordill v. Quaker Realty Co.Supreme Court of Louisiana · 1912
- Boagni v. Pacific Imp. Co.Supreme Court of Louisiana · 1904
- Cook v. MorganLouisiana Court of Appeal · 1932
- Hubbs v. CanovaLouisiana Court of Appeal · 1981
- Armstrong v. Progressive Realty Co.Supreme Court of Louisiana · 1911
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