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MONTGOMERY V. SAMORY, 99 U. S. 482 (1878)

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U.S. Supreme Court

Montgomery v. Samory, 99 U.S. 482 (1878)

Montgomery v. Samory

99 U.S. 482


A court in Louisiana, having jurisdiction of the parties and the subject matter of the suit, rendered a judgment in favor of the plaintiff for a debt, with lien and privilege on the lands described in the mortgage given by the defendant to secure it. The judgment, on a devolutive appeal by the defendant, was in all things affirmed by the Supreme Court of the state. Pending the appeal, the lands were sold by the sheriff under the judgment and purchased by the plaintiff, who obtained a monition under the act for the further assurance of titles to purchasers at judicial sales. Due publication of said monition having been made, and there being no opposition to said sale, the proper court ordered that the same "be confirmed and homologated according to law." A suit was subsequently brought in the circuit court of the United States by the heir-at-law of the mortgagor praying that the title of the purchaser at said sale be decreed to be null and void and that the complainant be adjudged to be the true and lawful owner of the lands. Held that the judgment in the proceedings on the monition is conclusive proof of the validity of the sale, and, as res adjudicata, is a complete bar to the suit.

The facts are stated in the opinion of the Court. chanroblesvirtualawlibrary

Page 99 U. S. 483

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