Mithoff v. Dewees

Ogden, J. (Slidell, O. J., and Buchanan, J., declined sitting.)

This suit commenced by an injunction sued out by the plaintiff to prevent the defendant, Deioees, as Sheriff of the parish of Jefferson, from selling a tract of land *551which he had seized to satisfy an execution issued at the instance of the defendant, Slidell, as subrogated to the rights of Dusuau, who had obtained a . judgment in the parish court of New Orleans against Charles F. Zimple.

The plaintiff in his petition, alleges that he was then in the actual possession of the property seized by the Sheriff and had, for many years…