Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 64

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 64

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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. 1859 edition. Excerpt: ... Green and Ogzlvie might be made parties to the proceeding, but this prayer does not appear to have been noticed. The rule was dismissed. In May, 1854, Isaac Cu..vhing was recognized by the Second District Court as the sole heir of Thomas J. Cashing, deceased, and on the 3d day of January, 1856, as sole heir, he sold the property in dispute to the plaintilf for $3000, John P. Todd acting as his mandatary under a power of attorney. The proccs verbal of the auc tiou sale was recorded in May, 1853, and in July, 1854, James Ogilvie, by a private writing, endorsed on a copy of the proces verbal, acknowledged that he bought the half square of ground adjudicated to him as the agent of Green, and declared Green to be the owner. This suit was brought in 1856, and the defendant charges that the sale from Isaac Cashing to the plaintiff was fraudulent. It is manifest from this statement of the case, that the first question to be considered is, in whom was the property vested after the judgment on the rule taken by the curator against Green and Ogilvie 7 It could not be in abeyanee. It was either in the succtssion or in the purchasers. The defendant contends that it was in the latter. The argument is, that the adjudication gave the purchasers a good title; that if they did not comply with the sale, the curator could either obtain a dissolution (G. C. 2539), or have the property sold at the risk of the purchaser; that in selecting the second remedy, the curator obtained n. judgment ordering the property to be sold for account and risk of said purchasers, and he neglected to enforce and execute said judgment, and therefore, the defendant has never been divested of his rights. This argument, although it acquires some force from certain authorities, docs...show more

Product details

  • Paperback | 380 pages
  • 189 x 246 x 20mm | 676g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123699180X
  • 9781236991805