Prevot v. Hennen
Supreme Court of Louisiana
Appeal from thecourt of the fifth district. In the year1814, some person, not connected in the present cause, sued Prevost, the husband, recovered judgment, and obtained execution. The sheriff thereupon seized a house and piece of land, as the property of Prevost, and pro. ceeded to make the appraisement. This being done, and no opposition whatever made to these proceedings, he sold the property seized to the present defendant.
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Appeal from thecourt of the fifth district. In the year1814, some person, not connected in the present cause, sued Prevost, the husband, recovered judgment, and obtained execution. The sheriff thereupon seized a house and piece of land, as the property of Prevost, and pro. ceeded to make the appraisement. This being done, and no opposition whatever made to these proceedings, he sold the property seized to the present defendant. Henrietta Borel, wife of Prevot, however, obtained and kept possession of the premises&emdash;in consequence of which the defendant requested the sheriff to put him in…
1Opinion of the Court
Derbigny, J. delivered
delivered the opinion of the court. The first question which presents itself itself *268here is, whether any trespass has been committed-if decided in the affirmative, the second will be, whether, from the conduct of the defendant, he ought to be considered as one of the trespassers, and, as such, liable to indemnify the plaintiffs.
To come to a clear understanding of the first question, the previous inquiry must be, who was in possession of the plantation, when the sheriff came there, with the posse comitatus? The plaintiff, to be sure, was in the actual occupation of the…
2Cited by13 opinions
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- Lombard v. GuillietSupreme Court of Louisiana · 1822
- Saul v. His CreditorsSupreme Court of Louisiana · 1827
- Fletcher v. WardLouisiana Court of Appeal · 1925
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