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12 La. 205

Early v. Black

Supreme Court of Louisiana

Decided April 15, 1838

Supreme Court of Louisiana · decided 1838-04-15

Eastern Dist. APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This case comes up on a rule taken by the present plaintiff in the nature of an injunction to prevent , the defendant from enforcing a judgment and execution against Early and Amelung, which he purchased at sheriff’s sale. The facts of the case show, that one Samuel Chapman obtained a verdict and judgment against Early and Ame-lung, the 17th of May, 1837, for the sum of seven thousand one hundred dollars.

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Decided 1838-04-15

How this case has been cited

Cited by 5 later decisions — most recently November 2013

2 federal appellate · 3 state decisions

201838184018501860187018801890190019101920193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Martin, J.,

¶1delivered the opinion of the court.

¶2Black, a judgment creditor of Chapman purchased at a sheriff’s sale, a judgment which the latter had obtained against Early and Amelung, who had taken a devolutive appeal thereon, which was not acted upon. Early and Ame-lung obtained a rule on Black, to show cause, why the execution on the judgment of Chapman should not be returned satisfied, on payment of the sumí for which Black had purchased Chapman’s claim. The rule was discharged, 1 * ° and they appealed.

¶3Relief was claimed, on the ground, that the appellee had Purchased a litigious right, and the District Court was of opinion, that “ the article 2622 of the Louisiana Code, relied on, was not applicable to the present case. The transfer sP°^ei^ l^at article, was a conventional assignment, between individuals capable of contracting. The defendant in the rule holds this judgment by a different title ; an adju-^ication by a public officer, at a forced sale, made by order of a competent tribunal: by this- adjudication, all the rights an(^ da'ms °f the plaintiff in the suit, by virtue of the judgment against Early, and Amelung, were vested in Black.” Code of Practice, 690. 7 Martin, N. S., 228. 4 Louisiana Reports, 395.

¶4The counsel of the appellee has drawn our attention to the article 2624, No. 2, which provides, that the article 2622 *207is not applicable to a transfer of a litigious right, made to a creditor of the transferrer.

¶5It does not appear to us that the District 'Court erred.

¶6It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be affirmed, with costs.

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