Taylor v. Moise

Citations

• 52 La. Ann. 2016

Syllabus

<p>Syllabus.</p> <p>T. Tlie period for the redemption of property from a tax sale does not date from the filing for record of a mere written statement by a tax collector that he has, upon a particular day, adjudicated at a tax sale certain described property to a person named, for a declared price, the receipt of which he acknowledged ; such an instrument is not the equivalent of the deed to be given to the purchaser.</p> <p>2. The refusal by the purchaser of property at a tax sale to accept a tender legally made by a mortgage creditor of the former owner in redemption of the property authorizes the latter to proceed to the forclosure of his mortgage, contradictorily with his debtor, and the tax purchaser is thereafter without legal interest to question the regularity of the proceedings:</p> <p>3. After a sale of property to a certain named person, under reservation of a special mortgage with the clause de non alienando, the lattei placed of record a statement that in making the purchase he had acted in behalf of another. The vendor in foreclosing his mortgage caused notices to be given .to both. Held, That by doing so he did not waive his right to executory proces's nor was he forced, as having recognized a “third possessor”, to have had recourse to an hypothecary action strictly' such.</p>