New Orleans Gas Light & Banking Co. v. Allen

Bullard, J,

Leech having purchased at Sheriff’s sale a city lot, sold under an order of seizure issued upon a mortgage given by Allen to Hodge, and by the latter transferred to the Gas Light and Banking Company, (which act of mortgage contained the pact de non alienando,) Justamond, who had purchased the property of Allen subject to the pact, opposed the homologation of the Sheriff’s sale at the hearing of the monition, on the following grounds:

1st. Because Allen, the original mortgagor, was neither legally cited nor represented.

2d. Because no notice of the seizure was given either to the…