Walker v. Barrelli
Supreme Court of Louisiana
APPEAL from tlie Sixth Judieial District Court, parish of St. Tammany, Duncan, J. Eirst — A fi.fa. is issued to be returned in seventy days. The law prohibited a longer deiay.
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APPEAL from tlie Sixth Judieial District Court, parish of St. Tammany, Duncan, J. Eirst — A fi.fa. is issued to be returned in seventy days. The law prohibited a longer deiay. C. P. 604 ; Acts 1855, p. 253 ; 15 An. 189 ; 17 An. 467. • Second — The failure of a sheriff to return within the time is prima facie evidence of the debt. 23 An. 253, 207. Third — The purchaser at a judicial sale is a necessary party to an action to annul the sale. 30 An. 310 ; C. P. 608, 609 ; Hennen’s Dig. p. 746 (e.) No. 2 ; 10 E. 425. Fourth — The affidavit by an agent that he verily believes the debt is due is…
1Opinion of the Court
The opinion of the court was delivered by
Spencee, J.
On Motion to Dismiss.
Plaintiff brings this suit to annul a sheriff’s sale of a house and lot in Covington to the defendant, and to recover said property as owner. The defendant and appellee moves to dismiss the appeal on the ground that the amount in dispute does not fall within our jurisdiction. An inspection of the record satisfies us that we have jurisdiction, and the motion to dismiss is denied.
2Cited by4 opinions
- Successions of RheaSupreme Court of Louisiana · 1955
- National Park Bank v. Concordia Land & Timber Co.Supreme Court of Louisiana · 1922
- State ex rel. Fleming v. JoyceSupreme Court of Louisiana · 1909
- Parry v. CoxLouisiana Court of Appeal · 1926