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…
1ConcurrenceSpofford, J.
I concur in the decree, because the evidence satisfies me that the time and manner of the sale were acquiesced in and sanctioned by the plaintiffs, who were present through their duly authorized agent.
“ 1st. Two contiguous lots of ground, etc., measuring each 30 feet, French measure, front on Rampart st., etc. “ 2d. Three lots of ground, etc., in square No. 7, measuring each 60 feet French measure, front on Rampart street, etc., contiguous to each other, etc., together with the six one-story buildings thereon, known under the appellation of Morse’s Row. “ And 525 shares of tlio capital stock…
2Cases cited6 opinions
- M'Donough v. Gravier's CuratorSupreme Court of Louisiana · 1836
- Delogny v. SmithSupreme Court of Louisiana · 1832
- Marsh v. SmithSupreme Court of Louisiana · 1843
- Pew v. LivaudaisSupreme Court of Louisiana · 1832
- Cline v. CaldwellSupreme Court of Louisiana · 1832
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