Basso v. Benker
Supreme Court of Louisiana
APPEAL from the Fifteenth Judicial District Court, parish of Pointe Coupee. Toist, J. On the Application eor Rehearing First — The opinion and decree of the Court virtually concede that the writ of fi. fa. was issued prematurely. Second — Act of 1877, No. 96, Sec. 57, expressly limits the right of redemption to cases where the purchase has been made “ by the State, or any city or parish.”
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APPEAL from the Fifteenth Judicial District Court, parish of Pointe Coupee. Toist, J. On the Application eor Rehearing First — The opinion and decree of the Court virtually concede that the writ of fi. fa. was issued prematurely. Second — Act of 1877, No. 96, Sec. 57, expressly limits the right of redemption to cases where the purchase has been made “ by the State, or any city or parish.” If, when the purchase is made by individuals, the right of creditors and of their debtor are fixed by Act of 1873, No. 47, Sec. 6, and Act of 1875, No 14, then the right of redemption must be exercised…
1Opinion of the Court
The opinion of the Court was delivered by
Levy, J.
Leon Séré, Syndic of the insolvent estate of D. Bouligny, by virtue of a writ of fieri facias issued on a judgment rendered in the suit of Séré, Syndic, vs. L. V. Porche, seized a certain tract of land or plantation in the parish of Point Ooupee, which he claimed as being affected by and subjected to his judgment recognizing his mortgage thereon, and his right to seize and sell the same.
This land was assessed to P. S. Wiltz, and was seized by the tax collector and offered for sale to be sold in payment of taxes due. It was adjudicated to Miguel…
2Cases cited1 opinion
- Patterson v. BonnerSupreme Court of Louisiana · 1839
3Cited by3 opinions
- State ex rel. Busha's Heirs v. Register of ConveyancesSupreme Court of Louisiana · 1904
- Mixon v. StanleySupreme Court of Georgia · 1897
- Bentley v. CavallierSupreme Court of Louisiana · 1908