Guesnard v. Soulie

At a Sheriff’s sale made under an order of seizure issued upon a mortgage duly recorded and containing the pact de non alienando, the plaintiff became the purchaser of a house and lot, and was required on the spot to pay into the Sheriff’s hands the entire amount of his bid.

The certificate of mortgages showing no other conventional mortgage existing on the property, the Sheriff paid the claim of the seizing creditor and the costs of suit, and gave the balance in his hands to the husband of the defendant, Mrs. Glinton.

It appears that Mrs. Glinton, after giving this mortgage, had sold the land…