Florance v. Orleans Navigation Co.
Supreme Court of Louisiana
John M‘Donougi-1, the purchaser of the property sold, under an execution against the defendant, is appellant from a judgment of the Commercial Court .of New Orleans, Watts, J., rescinding the sale. The prdperty sold is the same that was mortgaged to secure the note sued on, with others not due at the institution of the suit.
1Opinion of the CourtBullard, J.
The plaintiff having obtained a judgment against the defendant, upon a promissory note, paraphed on its face by a notary public, took out a writ oí fieri facias, under which the sheriff proceeded to sell a lot of ground belonging to the defendants. On the second exposure, the land was sold at twelve months credit.
The defendants then took a rule against the sheriff, to which the *225purchaser was afterwards made a party, to show cause why the sale should not be set aside and annulled, in as much as the same was not made in conformity to law, and the land was not advertised to he sold on such terms…
2Cases cited2 opinions
- Pepper v. DunlapSupreme Court of Louisiana · 1840
- Rice v. SchmidtSupreme Court of Louisiana · 1837
3Cited by2 opinions
- Adams v. LearSupreme Court of Louisiana · 1848
- Meriwether v. New Orleans Real Estate BoardSupreme Court of Louisiana · 1935