Barrow v. King
Supreme Court of Louisiana
Eastern Dist. APPEAL PROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE JUDGg THEREOF PRESIDING. This is an injunction suit. The plaintiff alleges he purchased a tract of land from one Richd. King and James Bowie, who obtained the samé from Lemuel Tanner.
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Eastern Dist. APPEAL PROM THE COURT OF THE SECOND JUDICIAL DISTRICT, THE JUDGg THEREOF PRESIDING. This is an injunction suit. The plaintiff alleges he purchased a tract of land from one Richd. King and James Bowie, who obtained the samé from Lemuel Tanner. That Tanner had sued out an order of seizure and sale against the land, he being the third possessor, without making any previous demand or giving him notice thereof, and that the defendant, Richard King,, was carrying it on for Tanner’s benefit. He prays for an injunction to prohibit said executory proceeding, and that it be made…
1Opinion of the CourtBullard, J.
The plaintiff and appellee complains that he is disturbed. in the possession of a tract of land, by a seizure made by the sheriff of the parish of Terrebonne, under color of an order of seizure and sale, obtained by one Tanner against King and Bowie. He avers that the proceedings are irregular, that he never had any notice, according to law, and that he is a third possessor of the premises, and can only be proceeded against in the forms regulating the hypothecary action. He further alleges that Richard King, the appellant, one of the original defendants, for whose benefit the proceeding is *175now…
2Cited by2 opinions
- Burkenroad-Goldsmith Co. v. ElliottLouisiana Court of Appeal · 1909
- Guion v. Creditors of the SuccessionSupreme Court of Louisiana · 1867