Phelps v. Rightor

The plaintiff claims to be the owner of a certain note of hand for $3,000, which he describes in his petition, and which having been seized hy the sheriff of the parish of Orleans, by virtue of an execution issued against him on a judgment obtained by the defendants, was sold and adjudicated at a sheriff’s sale to the said defendants for the sum of $1,000, payable in cash. He seeks to annul the said sale, on the ground that there was no appraisement made of the said note, according to law? previous to a cash sale.

The defendants joined issue by setting up their title to the said note under the…