Nichols v. McCall
Supreme Court of Louisiana
APPEAL from the Third District Court of New Orleans, Morgan, Judge of the Second District Court, presiding. The court, in declaring the sale to the defendant valid, has substantially decided, 1st. That a sale of immovable property by a Sheriff, under an order and writ of seizure and sale, upon terms different from those contained in the order of court and prescribed by law, is a valid judicial sale : and 2d.
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APPEAL from the Third District Court of New Orleans, Morgan, Judge of the Second District Court, presiding. The court, in declaring the sale to the defendant valid, has substantially decided, 1st. That a sale of immovable property by a Sheriff, under an order and writ of seizure and sale, upon terms different from those contained in the order of court and prescribed by law, is a valid judicial sale : and 2d. That the terms of such a sale may be altered by the plaintiff, without the written consent of the defendant. It is believed that both these propositions are in direct opposition to the…
1Opinion of the CourtOole, J.
This suit was instituted on the 7th April, 1855, by Mrs. Martha C. Nichols, widow of the late Nathan Morse, and Isaac E. Morse, to set aside a judicial sale made on the 24th June, 1845, by the Sheriff of New Orleans, under an order of seizure and sale at the suit of the Union Bank of Louisiana.
Mrs. Martha C. Morse having- died during the pendency of the suit, the action was revived and prosecuted by Isaac E. Morse, her son and only heir, as the sole plaintiff upon the record.
There was judgment in the lower court and in favor of plaintiff.
*216The principal grounds of attacking the sale are the…
2Cases cited3 opinions
- Marsh v. SmithSupreme Court of Louisiana · 1843
- Sheldon v. New Orleans Canal & Banking Co.Supreme Court of Louisiana · 1845
- Michener v. MichenerSupreme Court of Pennsylvania · 1886
3Cited by1 opinion
- Vinton Oil & Sulphur Co. v. GraySupreme Court of Louisiana · 1914