Danneel v. Klein
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. EUis, J. The plaintiff held three mortgage notes. The first was the joint and several note of John Klein and George H. Shotwell as joint purchasers of twenty-four lots of ground in square No. 26, by special mortgage and vendor’s privilege on the property in its entirety. 2. A note of John Klein, secured by mortgage on his undivided half of the twenty-four lots above mentioned and his undivided half of certain…
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APPEAL from the Civil District Court for the Parish of Orleans. EUis, J. The plaintiff held three mortgage notes. The first was the joint and several note of John Klein and George H. Shotwell as joint purchasers of twenty-four lots of ground in square No. 26, by special mortgage and vendor’s privilege on the property in its entirety. 2. A note of John Klein, secured by mortgage on his undivided half of the twenty-four lots above mentioned and his undivided half of certain lots in square No. 30, owned in equal joint ownership between Shotwell and himself. 3. A note of the widow and heirs of…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, O. J.
The writs which issued in the three cases were not writs of fieri faeias, vesting in the sheriff to whom they were directed a certain discretion as to the object which he was to seize, advertise and-sell, but writs of seizure and sale, in which the precise object to be seized and sold was designated by the court, and from the terms of which writs the sheriff was in no wise permitted to depart.
*930Had the title tendered to the defendant to the first property adjudicated rested upon the proceedings taken in the first suit No. 43003, it is very…
2Cited by7 opinions
- Allen v. Commercial National Bank in ShreveportSupreme Court of Louisiana · 1962
- Doucet v. FenelonSupreme Court of Louisiana · 1907
- Forrey v. StrangeSupreme Court of Louisiana · 1925
- In re Great Southern Lumber Co.Supreme Court of Louisiana · 1912
- Lisso v. WilliamsSupreme Court of Louisiana · 1916
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