Smith v. Wilson
Supreme Court of Louisiana
Appeal from the District Court of St. Mary, Campbell, J. The petition alleges that, under a fi. fa. issued on a judgment obtained by Brashear as curator of the estate of William S. Barr, deceased, against Singleton W. Wilson, one of the defendants in this action, the sheriff sold to John B. Bemiss, certain land, for the price of which Bemiss, in addition to the payment of a conventional mortgage in favor of Lewis Moore for $800, gave his twelve-months bond for $700, with…
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Appeal from the District Court of St. Mary, Campbell, J. The petition alleges that, under a fi. fa. issued on a judgment obtained by Brashear as curator of the estate of William S. Barr, deceased, against Singleton W. Wilson, one of the defendants in this action, the sheriff sold to John B. Bemiss, certain land, for the price of which Bemiss, in addition to the payment of a conventional mortgage in favor of Lewis Moore for $800, gave his twelve-months bond for $700, with interest. That Bemiss sold the land to the petitioner, subrogating him to all his rights and privileges under the sheriff’s…
1Opinion of the CourtBullard, J.
This action grows out of the samé transaction which gave rise to"the case of Smith v. Moore, decided at the last September term. 10 Robinson, 65. Smith having been evicted of the land purchased by him of Bemiss, and which the latter had acquired at the sheriff’s sale, brought this action against the heirs of the seizing creditor, Barr, and the seized debtor, Wilson, relying for his right to recover upon article 711 of the Code of Practice. That article declares that, “ if the purchaser has been evicted from the thing adjudged to him, on the ground that it; belongs to another person, than the…
2Cited by3 opinions
- Bonacorso v. TurnleyLouisiana Court of Appeal · 1957
- Hoggatt v. HalcombLouisiana Court of Appeal · 1971
- Bertaud v. BlouinSupreme Court of Louisiana · 1858