Flucker v. Lacy
Supreme Court of Louisiana
APPEAL PROM THE COURT OP PROBATES FOR THE PARISH OP ST. HELENA. The plaintiff’s property was seized to satisfy a judgment, which the defendant had obtained against him, and at the sale, the plaintiff became the purchaser. He afterwards brought an action of nullity to set aside the judgment. The court a quo, dismissed the action, and the plaintiff appealed.
1Opinion of the CourtPorter, J.
This is an action of nullity. Various grounds are set out in the petition. The judge of probates thought the action could not be maintained, because the plaintiff had purchased his own property, which was seized and exposed to sale, under an execution issuing in virtue of the judgment rendered against him.
’A 'party Wi bought his own property at a sale on a ft fa, and gave a twelve months’ bond, has thus far executed the judgment as to deliver himself from an action of nullity. Eastern District, March 1831.
The 612 article of the Code of Practice, provides that the nullity of a judgment may be…
2Cited by5 opinions
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