Cleary v. Second Municipality of New OrLeans

The present defendants having instituted a suit against the unknown owners of a lot, for the expenses of the banquettes before it, and obtained judgment for $106, Cleary became the purchaser of it, at a Sheriff’s sale, for $1700, and was evicted *248by Hodge, the owner, on grounds not unlike those set forth in Carmichael v. Aikin, 13 La. 205. Although the judgment on which the lot was sold, was for $106 only, Cleary paid to the Marshal, the whole price for which it was adjudicated to him, and now seeks to recover it from the defendants, who were the plaintiffs in the original suit. There was…