Viguerie v. Hall

Citations

• 107 La. 767

Syllabus

<p>Syllabus.</p> <p>A suit brought by the seized debtor, or his assignee, against the purchaser at a judicial sale io annul the sale, is not a petitory action, though plaintiff prays, as a consequence of a judgment in his favor, that he be decreed to be the owner of the property and placed in possession. There is no necessity for the petition in such a suit to specifically describe the property purchased, when allegations as to the suit and. the sale fix, unmistakably, its identity. There is no necessity for such an assignment tc be by authentic act, nor as against the purchaser at the sale to have been recorded. In a suit brought upon an assignment of a right of action evidenced by a writing in which the assignment is declared to have been made for “value received,” defendant cannot urge, upon an exception of no cause of action, that the instrument should have specifically set forth what the actual consideration was, and set forth all the details of the transaction. It is prima facie valid. Defendant is without legal interest to inquire into the precise character of the transfer, unles he can allege and show Injury. All he can exact Is full defense and protection. ”</p>