United States Supreme Court Cases & Opinions

U.S. Supreme Court

Evans v. Pike, 118 U.S. 241 (1886)

Evans v. Pike

Argued April 22, 1886

Decided May 10, 1886

118 U.S. 241

Syllabus

In Louisiana, a gratuitous donee of land bought by the donor on credit at a sheriff's sale on execution, and still subject to the judgment and liable to an execution either on that judgment or on the bond given for the purchase money, who is liable for the charges on the land but is not in possession, is not entitled to the delay and formalities of the hypothecary action.

Page 118 U. S. 242

In Louisiana, as in the states where the common law prevails, a person having an interest in mortgaged premises sold under a foreclosure who was not made a party to the proceedings cannot obtain a judgment dispossessing the purchaser without redeeming or offering to redeem the property by paying the mortgage debt, and the proper remedy in such case, for such person suing in the courts of the United States in that District, is by bill in equity to redeem the property, and not by an action at law.

A charge to the jury which, though incorrect, does no injury to the excepting party is not sufficient ground for setting aside the judgment.

This was a petitory action in the nature of an action of ejectment at common law. The case is stated in the opinion of the Court. A former hearing of the cause is reported in Pike v. Evans, 94 U. S. 6.

Page 118 U. S. 243