Viguerie v. Hall
Supreme Court of Louisiana
APPEAL from the Nineteenth Judicial District, Parish of Iberia— Gammack, Judge ad hoc. The opinion of the court was delivered by Nici-iolls, C. J. Statement op the Case.
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APPEAL from the Nineteenth Judicial District, Parish of Iberia— Gammack, Judge ad hoc. The opinion of the court was delivered by Nici-iolls, C. J. Statement op the Case. The plaintiff having appealed from an exception of no right and no cause of action, it is necessary for a proper understanding of the case that the petition which was filed should be transcribed in full: “The plaintiff alleged that on the 11th of June, 1896, an order of seizure and sale was signed in the suit of Sealey vs. Hall, No. 2734 on the docket of the Nineteenth Judicial District Court of Iberia, under which the…
1Opinion of the Court
Opinion.
Nicholls, C. J.
Defendant’s first contention is that the action brought by the plaintiff is a petitory action; that such an action can only he brought by one having title to the property he seeks to revendicate; that the instrument upon which the plaintiff declares is not a sale vesting title to the property in the possession of the adjudicatees at a judicial sale.
That it evidenced no “sale,” as no price in money is fixed as the consideration of the transfer; that it is not the sale of an immovable, as the act contains no specific description of any property, either by metes, bounds or…
2Cases cited2 opinions
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