Joseph P. Bradley

“ The defendant cannot be held to a constructive notice of an invalid seizure. A purchaser at a sheriff's sale, made without a previous seizure, acquires nothing, at least against a third party in possession.'
These are cases where the validity of the sale was assailed in a collateral proceeding. Instances are still more numerous in which actions of nullity have been sustained on the same ground. [10]
That the person in possession should be actually turned out of possession, in order to constitute a valid seizure, is not understood to be necessary. ”

“ We think, therefore, that for the failure to make any actual seizure of the land, the sale was void.
In such a case as the present the importance of actual seizure is particularly obvious. The defendant was no party to the action brought on the mortgage. He knew nothing about it. Had his lot been seized by the sheriff, as it ought to have been, his attention would have been called to it. The seizure would have been notice. He could then have protected himself. ”

“ Notes
↑ 6 Robinson, 348.↑ 7 Robinson, 504.↑ 2 Annual, 338.↑ Ib. 785.↑ Ib. 910.↑ 4 Id. 370.↑ 24 Louisiana Annual, 263.↑ 11 Annual, 761; 12 Id. 275; 19 Id. 58; 22 Id. 207; 23 Id. 512.↑ 11 Louisiana Annual, 761.↑ See, amongst others, cases before cited; and see Kilbourne v. ”