Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 97, PT. 1

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 97, PT. 1

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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. 1895 edition. Excerpt: ...the rendition of a flnal judgment decreeing a partition by licitation, from which neither plaintiffs or defendants appeal, the protestant obtained and prosecutes this appeal. The following argument in favor of appellant's right we quote from his counsel's brief, viz.: "Moreover, the sale is to be made at public outcry, after the usual advertisement, in the parish where he lives. " Where will he find a purchaser for the property, if he wants to sell it, after these advertisements? ' "Again, if he stands by and allows the sale to proceed, laches will at ct u be imputed to him and he may lose his property, with no recourse except a suit for damages against persons who may, or may not, be able to pay them. If he merely protests, but does not enjoin, he will be compelled, after his title is recognized in the pending suit, to sue the purchaser to annul the sale, or to resist a suit in which the purchaser may set up his pretensions, or, if the purchaser attempts to take possession in the meantime, to sue to protect his possession. " In any event, the judgment can only breed mischief and litigation. It was evidently obtained to stir up new litigation, to compel the appellant to bring a petitory action and resort to an injunction; tactics which this court will not countenance. "This purpose is patent on the face of the record. No sane person interested in the land, interested, therefore, in having it sold to advantage, would dream of exposing it for sale wirh such an adverse claim outstanding against it; a claim which makes it unsafe for any one to buy, and impossible to expect the offer of a fair price. " Minors claim an interest in it. They are the wards of the court, and the sale should not...show more

Product details

  • Paperback | 356 pages
  • 189 x 246 x 19mm | 635g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236777964
  • 9781236777966