De St. Romes v. Macarty

Supreme Court of Louisiana

De St. Romes v. Macarty

23 La. Ann. 482

CourtSupreme Court of Louisiana

DecidedMay 15, 1871

DocketNo. 1466

StatusPublished

This text of 23 La. Ann. 482 (De St. Romes v. Macarty) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

De St. Romes v. Macarty, 23 La. Ann. 482 (La. 1871).

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Opinion

Iiowic, J.

This controversy arose from the payment of certain taxes-for the plaintiff which she insists were not due by her

An examination of the record shows that she did not personally owe the taxes for the years 1852 to 1855, inclusive, which accrued prior to her purchase of the property in 185S. Upon the forced sale of the-property by defendant, tiie sheriff had, therefore, no right to pay these taxes for the plaintiff, and decrease her credit on the w-rit of fieri faciasby their amount. The error amounts to $159 33.

It is therefore ordered that the judgment appealed from be reversed,, and that the defendant herein be enjoined and restrained from collecting any sum upon said fieri facias, or the judgment on which it was issued, beyond the sum of $1288 34, being balance legally due after-sale of January 27, 1865, with interest according to the terms of said, judgment, and that the defendant pay costs.

Kohearing refused.

Mr. Justice Howell vp.cn«ed

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Iiowic, J.

This controversy arose from the payment of certain taxes-for the plaintiff which she insists were not due by her

An examination of the record shows that she did not personally owe the taxes for the years 1852 to 1855, inclusive, which accrued prior to her purchase of the property in 185S. Upon the forced sale of the-property by defendant, tiie sheriff had, therefore, no right to pay these taxes for the plaintiff, and decrease her credit on the w-rit of fieri faciasby their amount. The error amounts to $159 33.

It is therefore ordered that the judgment appealed from be reversed,, and that the defendant herein be enjoined and restrained from collecting any sum upon said fieri facias, or the judgment on which it was issued, beyond the sum of $1288 34, being balance legally due after-sale of January 27, 1865, with interest according to the terms of said, judgment, and that the defendant pay costs.

Kohearing refused.

Mr. Justice Howell vp.cn«ed

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Bluebook (online)

23 La. Ann. 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-st-romes-v-macarty-la-1871.