Evans v. Pike

Citations

• 118 U.S. 241
• 6 S. Ct. 1090
• 30 L. Ed. 234
• 1886 U.S. LEXIS 1928

Syllabus

<p>In Louisiana a gratuitous donee of land bought by the donor on credit at a'l sheriff’s sale on execution, and still subject to the judgment and liable to1 an execution either on that judgment or on the bond given for the purchase’ money, who is liable for the charges on the land but is not in possession, is not entitled to the delay and formalities of the hypothecary action.</p> <p>In Louisiana, as in the States where the common law prevails, a person having an interest in mortgaged premises sold under a foreclosure who was not made a party to the proceedings, cannot obtain a judgment dispossessing the purchaser without redeeming or offering to redeem the property by paying the mortgage debt; and the proper remedy in such ease, for such person suing in the courts of the United States in that District, is by bill in equity to redeem the property, and not by an action at law.</p> <p>A charge to the jury which, though incorrect, does no injury to the excepting party, is not sufficient ground for setting aside the judgment.</p>