Broughton v. King
Supreme Court of Louisiana
Appeal from tlie District Court of Concordia, Curry, J. The defendant could not attack Broughton’s title, as he claimed under it. Trahan v. McManus, 2 La. 213. Bedford v. Urquhart, 8 La. 234. Grant v. Walden, 6 La. 627. A suit by attachment is a proceeding in rem, authorising only the sale of the property attached. contended that the judgment against Presler, having been rendered without citation or appearance, was null, citing 5 Mart. 465. 1 Ib. N. S. 9. 6 Mart. 726. 8 lb.
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Appeal from tlie District Court of Concordia, Curry, J. The defendant could not attack Broughton’s title, as he claimed under it. Trahan v. McManus, 2 La. 213. Bedford v. Urquhart, 8 La. 234. Grant v. Walden, 6 La. 627. A suit by attachment is a proceeding in rem, authorising only the sale of the property attached. contended that the judgment against Presler, having been rendered without citation or appearance, was null, citing 5 Mart. 465. 1 Ib. N. S. 9. 6 Mart. 726. 8 lb. N. S. 145. 5 Ib. N. S. 656. 10 La. 338. 19 La. 215. 14 La. 35, 291. 16 La. 487. 2 Nutt&McC, 25. 6 Yerger, 522. 7 Howard,…
1Opinion of the Court
The judgment of the court was pronounced by
Rost, J.
The defendant King is in actual possession of a tract of land granted by government to Joshua Presler in 1811, and claims title under a sheriff’s sale made in an attachment suit against Edward Broughton, who is alleged to have acquired the title of the grantee, under a judicial sale made at the suit of a mortgage creditor of the said grantee. Presler contends that the judgment and sale which are alleged to have divested him of his title are absolute nullities, and prays to be restored to the possession of the land, and quieted in his title.…
2Cases cited1 opinion
- Hill v. BowmanSupreme Court of Louisiana · 1840
3Cited by3 opinions
- West v. LehmerSupreme Court of Louisiana · 1905
- Breeden v. BreedenLouisiana Court of Appeal · 1933
- Baker v. JewellSupreme Court of Louisiana · 1905