Legal Opinion

Childress v. Allin

Supreme Court of Louisiana

Decided January 15, 1841PublishedCited by 1 opinion

Appeal from the court of the eighth district, for the parish of Livingston, the judge of the district presiding. This is a petitory action in which the plaintiff seeks to recover a tract of 640 acres of land in the possession of the defendants.

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Appeal from the court of the eighth district, for the parish of Livingston, the judge of the district presiding. This is a petitory action in which the plaintiff seeks to recover a tract of 640 acres of land in the possession of the defendants. He sets up as the basis of his title, a sheriff’s sale, and offered in support of it, the deed of sale made by the sheriff, together with a certified copy of the judgment from the minutes of the parish court of Livingston, on which execution issued and under which the sale was made. The sheriff’s deed is in due and legal form on its face. There was a…

1Opinion of the CourtSimon, J.

This case was before us last year, and was continued to give sufficient time to complete the record. 15 La. Rep. 500. Since then, a duly certified copy of the judgment on which the execution issued, has been procured, and now malees a part of the record. Said judgment shows that a judgment by default was regularly rendered on the 26th of May, 1832, and was made final and signed on the 12th of February, 1833.

Defendant's counsel having objected before the lower court, to the introduction in evidence of the said judgment and of the sheriff’s deed of sale, on the grounds that it was rendered…

2Cases cited2 opinions

  1. Casanova's Minors v. AregnoSupreme Court of Louisiana · 1831
  2. Childress v. AllinSupreme Court of Louisiana · 1840

3Cited by1 opinion

  1. State v. BrownSupreme Court of Louisiana · 1922

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