(DOWNLOAD) "Watson v. Bondurant" by United States Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Watson v. Bondurant
- Author : United States Supreme Court
- Release Date : January 01, 1874
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Messrs. G. W. Race and E. T. Merrick, for the plaintiff in error; Mr. C. L. Walker, contra. Without adverting to the other questions raised by the defendant, we are of opinion that the court erred in declining to allow the objection as to the want of seizure under the execution. The law of Louisiana seems to us very clearly to require an actual seizure in the country parishes. The parishes of Orleans and Jefferson are an exception, and that very exception makes the existence of the rule in other parishes more clear and distinct. The act of 1857 declares that in the parishes of Jefferson and Orleans 'the registry in the mortgage office shall be deemed and considered as the seizure and possession by the sheriff of the property therein described, and it shall be unnecessary to appoint a keeper thereof.' This act is itself constructive of the force and effect of the general law. That law (Code of Practice, Article 642) prescribes the form of the writ of fieri facias, which must command the sheriff to seize the property of the debtor. Article 643 declares that 'as soon as the sheriff has received this writ he must execute it without delay by seizing the property of the debtor.' The code then goes on to direct the sheriff as to further proceeding. He must give notice to the debtor to appoint an appraiser, &c. Article 656 declares that 'when the sheriff seizes houses or lands he must take at the same time all the rents, issues, and revenue which this property may yield.' Article 657 says, if it be land or a plantation which he has taken, unless the same be leased or rented, it shall remain sequestered in his custody until sale. 'Consequently,' says the law, 'he may appoint a keeper or an overseer to manage it, for whom he shall be responsible.' Article 659 declares that when the objects seized consist of money, movables, or beasts, he shall put them in a place of safety, &c. Article 690 declares that the adjudication thus made has, of itself alone, the effect of transferring to the purchaser all the rights and claims which the party in whose hands it was seized might have had to the thing adjudged.
 "Watson v. Bondurant" by United States Supreme Court ~ eBook PDF Kindle ePub Free){kind=link}