Winn v. Scott
Supreme Court of Louisiana
This was an application to the Supreme Judge for a mandamus to compel a Parish Judge, acting as auctioneer, to adjudicate to the applicant, a certain piece of property, for which he alledges he was the last and highest bidder. the Parish Judge of Rapides, to adjudicate to him and make a good title to a tract of land appraised to 900 dollars.
Read the full summary
This was an application to the Supreme Judge for a mandamus to compel a Parish Judge, acting as auctioneer, to adjudicate to the applicant, a certain piece of property, for which he alledges he was the last and highest bidder. the Parish Judge of Rapides, to adjudicate to him and make a good title to a tract of land appraised to 900 dollars. The petitioner alledges that at the sale of the estate of Tabitha Jett, deceased, he became the last and highest bidder for a tract of 225 arpens of land, and that he bid the appraised value thereof, and no one bidding any more, he demanded of the Judge,…
1Opinion of the Court
Mathews J.
delivered the opinion of the Court.
When a Prohate Judge proceeds to a public sale of property under his own order of Court he assumes the character of an Auctioneer, and as such, is not answerable for his conduct, except under ordinary pro ceedings established by law.' • • The article 790 of the Code of Practice, does not embrace the issuing a mandamus to compel an Auctioneer to do his duty — it only applies to cases which have a tendency to aid the jurisdiction Western District. October, 1830.
This is an application to the Court to issue a mandamus to the Judge of probates for the…
2Cited by2 opinions
- State ex rel. D'Meza v. Judge of the Fourth District Court, Parish of OrleansSupreme Court of Louisiana · 1869
- State v. Judge of the Second District Court of New OrleansSupreme Court of Louisiana · 1855