Foster v. Roussel

The judgment of the court was pronounced by

Slidell, J.

The object of this action is to enforce an alleged legal mortgage upon property in the hands’of a third possessor, who derives title, through various mesne conveyances, from a sheriff’s sale upon execution against Foster, the alleged debtor of the plaintiff.

It is urged that the sheriff’s sale was a nullity, and did not divest Foster’s title, because no notice of appraisement was given to him, and because the advertizement of sale was not duly made. We shall proceed to the considera*547tiea of Üjiose objections, withont enquiring whether the…