Rhea v. Taylor

Citations

• 8 La. Ann. 23

Syllabus

<p>Writ of seizure and sale of property situated-in East Feliciana, mortgaged by defendant, who subsequently removed to West Baton Rouge, was issued, and personal service was made by the Sheriff of East Feliciana on the defendant in E. F. Held: That the service was sufficient.</p> <p>The personal service on the defendant in East Feliciana rendered unnecessary a service in West Baton Rouge. Defendant being personnally served by a competent officer, within the parochial limits of that officer’s functions, could not plead ignorance of the seizure of his property, or that the mortgage debt was demanded of him.</p> <p>In the absence of positive proof to the contrary, the Court is bound to presume that the District Judge did not issue an order of seizure and sale without the production of the evidences of debt required in such cases.</p> <p>Service of anorder^of seizure and sale interrupts prescription.</p>