Lapène v. Badeaux
Supreme Court of Louisiana
APPEAL from the Twentieth District Court for the Parish of La-fourche. Knobloch, J. 1.When property is sold at auction, the highest bidder is declared to be the purchaser, and the thing sold is adjudicated to him. R. L\ C. 2607. This adjudication is the completion of the sale. The contract from that timéis governed by the same rules which govern the ordinary contract of sale It.
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APPEAL from the Twentieth District Court for the Parish of La-fourche. Knobloch, J. 1.When property is sold at auction, the highest bidder is declared to be the purchaser, and the thing sold is adjudicated to him. R. L\ C. 2607. This adjudication is the completion of the sale. The contract from that timéis governed by the same rules which govern the ordinary contract of sale It. O. C. 2608, 2456. 2.A purchaser at a judicial sale of the property of an insolvent has the right to retain in his hands, as part of liis bid', the amount of special mortgage existing on the property before the…
1Opinion of the Court
The opinion of the Court was delivered by
BERarroEZ, C. J.
This is an action for the recovery of a large amount, as the value of the occupancy and enjoyment of certain real property and as damages for injury done thereto.
*196By consent, a preliminary defense was set up for the purpose of having it determined whether the plaintiff/or the succession from which he claims title, had a right to sue, as is done.
From a judgment denying him a right of action the plaintiff appeals.
The facts are simply the following:
On the 4th of September, 1875, the plaintiff became the adjudicatee of certain real estate at…
2Cases cited3 opinions
- County Commissioners v. WiseCourt of Appeals of Maryland · 1889
- Harris v. AngellSupreme Court of Rhode Island · 1888
- Union National Bank v. ShriverCourt of Appeals of Maryland · 1888
3Cited by23 opinions
- Pearlstine v. MattesSupreme Court of Louisiana · 1953
- Wells v. BlackmanSupreme Court of Louisiana · 1908
- Wampler v. WamplerSupreme Court of Louisiana · 1960
- Capital Bldg. Loan Ass'n v. Northern Ins. Co. of N.Y.Supreme Court of Louisiana · 1928
- Placid Oil Company v. AM Dupont CorporationSupreme Court of Louisiana · 1963
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