Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 46

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 46

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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. 1847 edition. Excerpt: ... in both courts; and that as to the present defendant, and McFarlane, his vendor, the case be remanded for further proceedings. JULIUS C. TUPPER and another v. Luvrus H. SCOTT. The rights ofan assignee ofa deed of trust executed in another State, must be determined by the conditions of the assignment. In proceeding under the deed of trust he must conform to the conditions on which it was assigned to him. Where a deed of trust requires that public notice shall be given for a certain number of days of any sale made under it, the particular day on which the sale is to take place, must be notified to the public for the time required. If, after such notice, the sale be postponed, new notice must be given, for the full time required, of the day to which it is postponed. APPEAL from the District Court of the First District, Buchanan, J. Mott and W. M. Randolph, for the plaintiffs. Peyton and I. W. Smith, for the appellant. BULLARD, J. This is an action to recover of the defendant three slaves, to which the plaintiffs assert title under a trust sale in the State of Mississippi. The slaves, together with other property, had been mortgaged in the form of a deed of trust, by one Saunders, to secure the payment of a note due by him to Folkes, Walker do Co., for 'B4500; and the trustees proceeded to sell the slaves, and the plaintiffs became the purchasers of those sued for in this action. The deed gave to the trustees the power to sell the property at auction to the highest bidder, at the request of the holder of the note, by giving twenty days' notice, in any newspaper published in Hinds or Madison county, of the time and place of sale. The defendant answers, after a general denial of all the facts and allegations not admitted, that the...
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Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • United States
  • English
  • black & white illustrations
  • 123689720X
  • 9781236897206