Table of Contents
TITLE XXI - OF THE TITLE BY JUDGMENT OR SEIZURE
Art. 1. The seizure or forced sale of the goods and chattels of a debtor transfers the property of the thing seized to the purchasee or vendee thereof. Such sales are made either by virtue of a judgment of or an executory act, confirmed by the judge. Such seizures and sales are made according to certain rules and formalities provided by special laws.
Art. 2. All species of property may be seized on execution, moveables as well as immoveables, without any exception and whether the immoveable estate be or be not a sugar establishment.
Art. 3. The sale or adjudication after seizure, cannot be made, until the things seized have been appraised by appraisers appointed by the parties respectively. The said appraisers shall be sworn, and in case the defendant should refuse to name an appraiser, such nomination shall be made by the sheriff or by the judge who shall make the sale.
The things seized shall be exposed to sale at auction and adjudged, after the delays and in the manner provided by the particular regulations made and provided for that subject.
Art. 4. The debtor alone is liable to seizure and execution. The creditors may nevertheless proceed against a third person having possession of the immoveable property mortgaged for their debt, in the manner provided by the title of privileges and mortgages.
Art. 5. A seizure on execution may be made on a person having a full property and likewise on one having only the right of enjoyment or the usufruct of the thing.
Art. 6. The undivided share belonging to a co-heir in a succession, cannot be seized on execution, but the creditors have the right to demand a partition of the estate between the co-heirs.
Art. 7. No seizure can be made on a widow in community or on the heir, until after having caused to be declared executory against them, the title executed by the deceased or by the husband.
Ths. URQUHART, Speaker of the House of Representatives
J. POYDRAS, President of the Legislative Conncil
Approved March 31st, 1808
William C.C. CLAIBORNE, Governor of the Territory of Orleans
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