Saillard v. White
Supreme Court of Louisiana
APPEAL FOM THE PARISH COURT, FOR THE PARISH AND. CITY OF NEW-ORLEANS. This is an executory proceeding, against a lot of ground in the hands of a third possessor.
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APPEAL FOM THE PARISH COURT, FOR THE PARISH AND. CITY OF NEW-ORLEANS. This is an executory proceeding, against a lot of ground in the hands of a third possessor. The plaintiff alleges in his petition that he sold to one Robert Turner, a lot of ground, and received his notes, payable by instalments for the price, and retained a special mortgage to secure payment : that about nine hundred dollars remains due on the first note, &c.; which he has in vain demanded payment of said Turner, for more than thirty days ; and prays that an order of seizure and sale issue against said lot, now in the…
1Opinion of the CourtRost, J.
The petitioner obtained an order of seizure, on a mortgage retained by him upon property which had since passed into the hands of a third possessor. Due notice having been given to the said third possessor, the sheriff proceeded to seize the mortgaged property, and advertised it to be sold at public auction, without giving the defendant three days notice between the seizure and the’;|advertisement. The defendant enjoined the sale upon that ground.
The petitioner took a rule upon the defendant, to show cause why the injunction should not be set aside and dissolved. The rule was tried, and the…
2Cited by2 opinions
- M'Carty v. M'CartySupreme Court of Louisiana · 1841
- Choate Oil Corp. v. GlassellSupreme Court of Louisiana · 1922