Murphy v. Jandot
Supreme Court of Louisiana
Appeal from the Parish Court of New Orleans. One Yates having obtained a judgment against Hannah Clark, caused a fi. fa. to be levied on a lot of ground in the faubourg Tremé, on the Bayou road, between Rampart and St. Claude streets, which, not bringing two-thirds of its appraised value, was sold, on the 30th April, 1840, to Robert Murphy, the plaintiff, for $1125, at twelve months credit. A conveyance was executed to him, by the sheriff, on the 5th of May.
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Appeal from the Parish Court of New Orleans. One Yates having obtained a judgment against Hannah Clark, caused a fi. fa. to be levied on a lot of ground in the faubourg Tremé, on the Bayou road, between Rampart and St. Claude streets, which, not bringing two-thirds of its appraised value, was sold, on the 30th April, 1840, to Robert Murphy, the plaintiff, for $1125, at twelve months credit. A conveyance was executed to him, by the sheriff, on the 5th of May. The deed was recorded in the Mortgage Office on the 10th of August following, and by the Register of Conveyances on the 24th of the same…
1Opinion of the CourtBullard, J.
The defendant, Jandot, having sued out an order of seizure and sale against a lot of ground in possession of the plaintiff, the latter obtained an injunction to stay the proceedings, on the allegations that he was the owner of the lot by sheriff’s sale, at the time the former owner, Hannah Clark, mortgaged it to Jandot; and that although the sheriff’s deed had not been previously recorded in the office of the Register of Conveyances, yet Jandot knew of the sale to the plaintiff and of his possession. It was further alleged that no legal notices were given or demand made, before proceeding by…
2Cited by4 opinions
- Maisonneuve v. MartinSupreme Court of Louisiana · 1924
- Mouton v. Southern Saw Mill Co.Supreme Court of Louisiana · 1915
- Stanbrough v. M'CallSupreme Court of Louisiana · 1849
- East New York & Jamaica Railroad v. LighthallThe Superior Court of New York City · 1868