Louisiana Reports; ... Cases Argued and Determined in the Supreme Court of Louisiana Volume 5

Louisiana Reports; ... Cases Argued and Determined in the Supreme Court of Louisiana Volume 5

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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. 1819 edition. Excerpt: ...to be guarded against, by establishing those rules) are as great in this species of sale, as in any other: nor do I perceive a single reason, why verbal testimony should be refused in the one case, aiid admitted. in the othe.r--the words in the code, are general. and prohibitory; " all sales of slaves" must be made _i_n writing-; " all verbal sales of these things shall be null." If any, 'exception exist, it must be explicitly shown.--' Thcclaw, regulating sales atauction, is relied on as furnishing this exception; if, howe/vet, this should contain any provision, incompatible with the 00.115, (which I am unable to. discover) it is certainly as being anterior repealed by it tendered or accepted. s I have hitherto, considered this as a judicial sale, ' but in fact it has no one feature of it. It is the case of an executor, having the seizure of the estate, and proceeding to sell. uirt. 17=1. The code only' directs, ' that such a sale shall be at auction, under the authority of the parish judge; leaving all other formalities to be regu-lated by the general law, and I pray the'.court to observe, that it is the executor who sells, not the judge, the statute says " when the testamen-tary executor has'the seizure, &c. he must pro-ceed to sell, '?, y &c. Civ. Code 2%, art. 1741. Therefore, before the sale could be complete, there'must have been an act of sale, between the executor and the purchaser. _ Spanish authorities are resorted to, to shew that an adjudication was sufliicient to transfer property: this I do not deny, hutI say that the adjudication must-first be complete, and that it was never complete, till the proces verhalwas signed as well by the purchaser, as the...
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Product details

  • Paperback | 142 pages
  • 189 x 246 x 8mm | 268g
  • United States
  • English
  • black & white illustrations
  • 1236930142
  • 9781236930149