Dufour v. Camfranc
Supreme Court of Louisiana
on an application for a rehearing. The court considers the conveyance which the legislature directs the sheriff' to deliver to the purchaser of property sold under a fi.fa. as so essential to the validity of the sale, that the smallest clerical error, in the description of the judgment, is fatal.
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on an application for a rehearing. The court considers the conveyance which the legislature directs the sheriff' to deliver to the purchaser of property sold under a fi.fa. as so essential to the validity of the sale, that the smallest clerical error, in the description of the judgment, is fatal. That such a sale is of no effect, without the sheriff’s conveyance, and so the property of the thing seized is not immediately and really transferred to the purchaser by the solemn adjudication made by the sheriff In sales of lands or slaves, by individuals, it is true the written conveyance is…
1Opinion of the CourtPorter, J.
The circumstance of this case having been once remanded, with the intimation of an opinion on one of the principal points, rather different from that lately expressed by the court, joined to the earnestness with which an application for a rehearing has been pressed on us, has induced a very patient and particular attention to all the arguments offered by defendant’s counsel. After attentively *707weighing every thing advanced, we are obliged to refuse the application.
On the first point, it is insisted that the deed of sale by the sheriff is not of the essence of the contract; that the…
2Cases cited1 opinion
- Wray v. HenrySupreme Court of Louisiana · 1821
3Cited by7 opinions
- Miller v. Albert Hanson Lumber Co.Supreme Court of Louisiana · 1913
- Dalton v. WickliffeSupreme Court of Louisiana · 1883
- Remick v. LangSupreme Court of Louisiana · 1895
- Young v. Town of Morgan CitySupreme Court of Louisiana · 1911
- Matthews v. SlatterySupreme Court of Louisiana · 1910
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