Haynes v. Breaux

This is a petitory action. Both parties claim through Joseph Ross Purdon. — The defendants in virtue of a sheriff’s sale made in August 1842, and the plaintiff by virtue of an act signed by Purdon dated in October 1858, and confirmed by a notarial act in January 1859. The case turns entirely upon the question whether an adjudication at a sheriff’s sale without the payment of the price by the purchaser divests the debtor of his property where the sheriff refuses to execute a deed to the purchaser.

The facts which give rise to this question are in substance as follows :

On the 19th day of May…