Samuel Blatchford

“ The plaintiff has not been a party to any suit, and is not bound by any order of a court until he has an opportunity to be heard. Though the acts were in the name of the widow Cave, yet the plaintiff charges that she was instigated to do all that she did by the defendant. Brulard is an agent, and under the control, of the defendant and of the court. The whole proceeding was void for want of jurisdiction of the parties. The plantation is deteriorating in value, and the season for planting and preparing for crops is passing, and irreparable injury is being done to the plaintiff. ”

“ On the 2d of February, 1886, a petition was presented to the court for a writ of possession under said decree, and was granted, and a writ of possession was issued to the marshal, by which he was ordered to eject Marceline Cavailhez and those who might be holding said property under her, 'by private deed of transfer or otherwise, since the institution of the aforesaid suit, to-wit, March 5, 1884, and during the pendency of said suit,' and to put the widow Cave in full possession of said property. ”

“ It is well settled, in regard to land, that, when a suit is pending in regard to it, a person who purchases under the defendant pendente lite is subject to the operation of a writ of possession if one is finally issued on a judgment in the suit. ”