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12 La. Ann. 340

Bell v. Keefe

Supreme Court of Louisiana

Decided April 15, 1857

Supreme Court of Louisiana · decided 1857-04-15

<p>The Sheriff has a right to sue in his official capacity on a bond executed for the price of property-sold by the Sheriff, and for which the bond had been executed in favor of his predecessor.</p> <p>■When an instrument offered in evidence is not objected to, any indorsement on it is considered as proved.</p>

Relies on Buisson v. Hyde

Decided 1857-04-15

Spom’okd, J.

¶1The Sheriff sues on the bond in his official capacity. If he has authority to receive the money on it, he has the authority to sue, as the defendants executed the bond in favor of the Sheriff. See Buisson v. Hyde, 17 La. 19.

¶2If a transfer to the present plaintiff from his predecessor in office, by whom the bond was taken, were necessary, there is an endorsement which imports such a transfer upon the instrument; and the whole instrument was offered in evidence, without objection on the part of the defendants. Under the ruling of this court in the case of Maxwell v. Kennedy, 10 An. 798, the endorsements must be considered as proved.

¶3Judgment affirmed.

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