Ash v. Southern Chemical & Fertilizing Co.

Citations

• 107 La. 311

Syllabus

<p>Syllabus.</p> <p>1. The sheriff has a standing in court in a proceeding against an adjudicatee to set aside an adjudication because of non-payment of the amount of the bid.</p> <p>2. Such proceeding may be by rule.</p> <p>3. Where, by the certificate of mortgages read at the sale, there appears to be outstanding special mortgages resting on the property sold, the adjudicatee,</p> <p>. after paying to the sheriff the amount of the writ and costs, may retain in his hands, to satisfy said outstanding mortgages, the surplus of the purchase price.</p> <p>4. The nullity resulting from the sheriff’s failure to announce that the adjudicatee shall have the right to retain in his hands the surplus of the purchase price, as stated in number 3, is relative, and the sheriff is without interest and without standing to invoke the same.</p> <p>5. And, even if the sheriff had such standing, he could not be permitted to urge such nullity in the present proceeding, which is based on the theory of there having been a valid sale of which the adjudicatee has failed to pay the price.</p>