Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 39

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 39

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1842 edition. Excerpt: ...and his surety in injunction, should be given as damages. This suit is in the nature of an action of nullity and injunction, to render a certain judgment, made definitive against the present plaintiff, null; and in the meantime to enjoin all proceedings under it. The plaintiff shows, that he purchased a certain tract of land at sheriff's sale, against which there existed ajudicial mortgage, and that the defendant, to whom the judgment and judicial mortgage has been transferred, has sued out an order of seizure and sale, and is proceeding to sell the property. He alleges, that saidjudgment is null and void, and that the order of seizure and sale, issuing in virtue of the mortgage purporting to result from it, issued improperly. Wherefore he prays for an injunction to stop the seizure, and that the said judgment be annulled and cancelled with damages. To this petition the defendant avers, he voluntarily appears and answers; denying generally all the allegations in the petition; expressly averring, said judgment was obtained fairly and honestly, and that it has acquired the force and effect of resjudicata. There are many other matters and things set out in detail and at great length in the answer, which concludes with a prayer, that the plaintifl"s demand be rejected; that the injunction be dissolved with damages, interest and costs on the amount enjoined; and that the order of seizure and sale be allowed to proceed as if no injunction had been obtained. One of the grounds of nullity of the judgment enjoined, relied on, was the improper practices of the defendant and his counsel in taking away certain important papers, which had 40 vor.. xix. been produced in evidence on the trial, and filed. The plaintiff alleges, he lost his...show more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236766016
  • 9781236766014