Noble v. Nettles
Supreme Court of Louisiana
One Brooks, having obtained a judgment against Abraham Marler, seized under execution certain property of the latter, which was sold on a credit of twelve months, and purchased by Marler himself, for the price of which he executed a bond, with Meredith Marler as his security. The bond not being paid at maturity, an execution was issued against both the obligors, and under it the sheriff seized their undivided shares in the succession of their father.
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One Brooks, having obtained a judgment against Abraham Marler, seized under execution certain property of the latter, which was sold on a credit of twelve months, and purchased by Marler himself, for the price of which he executed a bond, with Meredith Marler as his security. The bond not being paid at maturity, an execution was issued against both the obligors, and under it the sheriff seized their undivided shares in the succession of their father. The plaintiff became the purchaser of these shares, under a sale by the sheriff. Nettles, the administrator of the succession, having paid the…
1Opinion of the CourtBullard, J.
The plaintiff alleges, that he purchased at a sheriff’s sale, the undivided interest, or hereditary portion of two of the heirs of James Marler, deceased ; that the defendant, Nettles, was the administrator of the estate, and, with a full knowledge of the plaintiff’s purchase, paid over to those heirs their portions, which were liquidated, on a final partition among the heirs, at $240 10 each, whereby he became liable to pay him the amount, thus wrongfully paid over after notice.
The defendant first answers by a general denial; he avers that he has paid to each of the heirs his share,…
2Cases cited1 opinion
- Phillips v. FlintSupreme Court of Louisiana · 1831
3Cited by6 opinions
- Lane v. CameronSupreme Court of Louisiana · 1884
- First Nat. Bank & Trust Co. of Vicksburg v. DrexlerLouisiana Court of Appeal · 1936
- Davis v. CarrollSupreme Court of Louisiana · 1856
- Succession of GiddensSupreme Court of Louisiana · 1895
- Schwann v. SandersSupreme Court of Louisiana · 1908
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