Bonin v. Durand
Supreme Court of Louisiana
APPEAL, by the parties cited in warranty,from a judgment of the District Court of St. Martin, Overton, J. The facts of the case are stated in the opinion infra. The sale under which defendant claims, is null, the execution not having the seal of the court affixed to it.
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APPEAL, by the parties cited in warranty,from a judgment of the District Court of St. Martin, Overton, J. The facts of the case are stated in the opinion infra. The sale under which defendant claims, is null, the execution not having the seal of the court affixed to it. C. P., 179, no. 7, 625, 626, 627, 774. 7 La. 70. 9 La. 542. 10 La. 483. 12 La. 573. 2 Rob. 377. 3 lb. 155. 17 La. 40. Unless the forms of law have been complied with, a purchaser can acquire no title under a sheriff’s sale. 4 Mart. 513. 5 lb. 625. 11 lb. 610. 3 La. 421. 9 La. 543. 10 Rob. 32. We contend : 1. That neither the…
1Opinion of the Court
The judgment of the court was pronounced by
Slidell, J.
Sev.eral alleged informalities in the judicial proceedings and sale under which the defendant claims title, have been specially set forth in the petition, and elaborately discussed at bar. We shall give our attention to one, which appears to us a fatal defect. A decree of seizure and sale was rendered, in Í83S, against certain mortgaged property, including the slaves now in controversy. A writ of seizure and sale issued, which was returned by order of the seizing creditor. In 1844, without any new order of court, the clerk issued a second…
2Cited by5 opinions
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