Fontelieu v. Fontelieu
Citations
- 116 La. 866
- 41 So. 120
- 1906 La. LEXIS 590
Syllabus
<p>1. Execution—Sales — Title of Purchaser' —Proof—Secondary Evidence.</p> <p>To establish a title as derived from a sale by the sheriff, one must show a judgment rendered by a court of competent jurisdiction, a writ issued in conformity thereto, and a sale by the sheriff pursuant to the writ; but, where the original records are shown to have been lost or destroyed, the existence of those elements, or either of them, may be proved by secondary evidence.</p> <p>2. Same—Petitory Action—Evidence—Sufficiency.</p> <p>Where, after a lapse of nearly 30 years, the plaintiff in a petitory action, in support of a title derived from a sale under execution, proves the loss of the record in which^ the execution issued, produces certified copies of a judgment against the former owner of the property, and a sheriff’s deed, both from the books in which said copies are required to be made, and produces the clerk’s - “charge docket,” showing the issuance of a writ of fieri facias, as of date corresponding with that recited in the sheriff’s deed, and there is nothing to suggest any want of jurisdiction in the court or irregularity in the proceedings, the title will be considered established.</p> <p>3. Mortgages — Foreclosure — Judgment Authorizing Sale—Title oe Purchaser-Prescription—Color oe Title—Estoppel.</p> <p>The commercial firm of A., B. & C., through A., one of its members (whose authority does not appear), purchases, by notarial act, certain real and personal property from D. who retains a mortgage to secure a portion of the price, and E. intervenes in the act and grants a mortgage containing no pact de non, etc., on property belonging to her, as further security to D. Nine years later, and after the time has elapsed within which the payments under the original contract were to have been completed, judgment is rendered, in a suit entitled “D. v. B. et.als.,” upon the confession of the “defendants” (in which, however, no other defendant than B is named), condemning the “defend
Judges: Monroe
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12 cases in this archive cite this case.
- Vanderbrook v. Coachmen Industries, Inc.Louisiana Court of Appeal· 2002-05-10· cited 68×
- Morris, Lee & Bayle, LLC v. MacquetLouisiana Court of Appeal· 2016-03-23· cited 19×
- Kimsey v. National Automotive Insurance Co.Louisiana Court of Appeal· 2014-02-12· cited 18×
- Nesbitt v. NesbittLouisiana Court of Appeal· 2011-09-21· cited 17×
- Callahan v. AuthementLouisiana Court of Appeal· 1957-12-23· cited 10×
- Williams v. EnriquezLouisiana Court of Appeal· 2005-11-17· cited 9×
- Mower v. BarrowLouisiana Court of Appeal· 1931-04-09· cited 9×
- Succession of JenkinsLouisiana Court of Appeal· 2006-07-26· cited 5×
- Succession of JonesLouisiana Court of Appeal· 1966-11-21· cited 4×
- Falterman v. PrestenbachLouisiana Court of Appeal· 1927-06-07· cited 3×
- Succession of Williams v. Land Development Co.Louisiana Court of Appeal· 1926-02-15· cited 2×
- Deano & Deano, Inc. v. Succession of RicksLouisiana Court of Appeal· 2009-07-31
Cites
25 cases in this archive are cited by this case; the 20 most cited are listed.
- McDade v. Bossier Levee BoardSupreme Court of Louisiana· 1902-05-26· cited 48×
- Heirs of Dohan v. MurdockSupreme Court of Louisiana· 1889-05-15· cited 27×
- Citizens Bank v. MillerSupreme Court of Louisiana· 1892-03-15· cited 24×
- Millaudon v. AllardSupreme Court of Louisiana· 1831-07-15· cited 15×
- Lowry v. ErwinSupreme Court of Louisiana· 1843-10-15· cited 13×
- Donaldson v. MaurinSupreme Court of Louisiana· 1830-03-15· cited 11×
- Beaulieu v. MoninSupreme Court of Louisiana· 1898-05-30· cited 10×
- Walworth v. StevensonSupreme Court of Louisiana· 1872-04-15· cited 9×
- Clarkston v. Vincent & Co.Supreme Court of Louisiana· 1880-05-15· cited 9×
- Succession of BaumSupreme Court of Louisiana· 1845-07-15· cited 9×
- Taylor v. PipesSupreme Court of Louisiana· 1872-07-15· cited 6×
- Hyman v. BaileySupreme Court of Louisiana· 1858-08-15· cited 5×
- Hall & Lisle in Liquidation v. BeldenSupreme Court of Louisiana· 1877-03-15· cited 5×
- Crescent City Live Stock Landing & Slaughter-House Co. v. LarrieuxSupreme Court of Louisiana· 1878-04-15· cited 4×
- Hart v. ConnollySupreme Court of Louisiana· 1897-06-19· cited 4×
- Bossu v. New Orleans, Fort Jackson & Grand Isle R. R.Supreme Court of Louisiana· 1897-06-29· cited 4×
- Morgan v. LalanneSupreme Court of Louisiana· 1880-07-15· cited 3×
- Peet, Simms & Co. v. WhitmoreSupreme Court of Louisiana· 1859-05-15· cited 2×
- Coulson v. WellsSupreme Court of Louisiana· 1869-05-15· cited 2×
- Dupuy v. DashiellSupreme Court of Louisiana· 1840-03-15· cited 1×
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