White v. Sheriff
Supreme Court of Louisiana
APPEAL from the Tenth Judicial District Court, parish of Caddo. Boorman, J.. Wise & Herndon, for plaintiff and appellee, contended : First — We say that Josephine Nicholson, having executed her judgment on this land, and having opposed the monition, and the sale being declared a good one, cannot again sell the identical property, the sale of which was homologated in a suit contradictorily- with herself.
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APPEAL from the Tenth Judicial District Court, parish of Caddo. Boorman, J.. Wise & Herndon, for plaintiff and appellee, contended : First — We say that Josephine Nicholson, having executed her judgment on this land, and having opposed the monition, and the sale being declared a good one, cannot again sell the identical property, the sale of which was homologated in a suit contradictorily- with herself. It is res ad judicata. 21 A. 589 ; 24 A. 545. Second — Owners in possession are entitled to bring the possessory action when disturbed in their possession. O. P. 47. Third — All judgments must…
1Opinion of the Court
The opinion of the court was delivered by
Marr, J.
In November, 1865, Mrs. Nicholson received judgment •against Mrs. Willis, on which execution issued under which the sheriff •seized and advertised for sale three quarter sections, 480 acres of land. Mrs. Willis enjoined, claiming the exemption of the dwellings, and 160 acres of land adjacent, as her homestead. The sale proceeded, except as to the homestead; and the sheriff adjudicated .and conveyed to Gilmer, in February, 1865, two of the three quarter sections, that is, all ■the land seized except the 160 acres claimed by Mrs. Willis as her…
2Cases cited1 opinion
- Disbrow v. DurandSupreme Court of New Jersey · 1892
3Cited by2 opinions
- Louisiana Ry. & Nav. Co. v. Cash Grocery & Sales Co.Louisiana Court of Appeal · 1933
- Rayson v. BeckLouisiana Court of Appeal · 1944