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fieri facias definition
28 documents for fieri facias definition
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... sale of the mortgaged land under a writ of fieri facias was a judicial sale, having the effect of e...The inconsistency in the definitions given "judicial sale" is further demonstrated by M...
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Introduction. II. In Louisiana, A Debtor Retains Title To Collateral; The Creditors Merely Get A Right To Seize And Sell The Asset And Get A Privilege On The Proceeds Of The Sale. III. Louisiana Has Traditionally Required A Creditor To Use Judicial Process To Sell The Collateral Which Secures A Loan. IV. Judicial Sales. V. The Origins Of Louisiana's Deficiency Judgment Act And Its Relationship To Executory Process. VI. The Louisiana Deficiency Judgment Act Is A Procedural Rule. VII. Calculating The Minimum Bid At The First Sale . VIII. What A Foreclosing Creditor Must Pay In A Winning Bid And How This Relates To The Minimum Bid At The First Sale And The Distribution Of Proceeds Of The Sale. A. Examples Involving a Mortgage Inferior to that of the Foreclosing Creditor. B. Foreclosure ...
... mortgage Creditor O2, so Buyer Y by definition is not a third party possessor as to Creditor O2 (... of seizure under Louisiana's writ of fieri facias and subsequent judicial sale. LA. CODE CIV....
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..., having entered judgment, issue a writ of fieri facias, possibly obtaining an interim injunction b...The first comprehensive and concise definition of a maritime lien was given by Sir John Jervis in...
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... governing Title IX use the same definition of "recipient" - which explicitly includes the Sta... obtained against a state? Will you issue a fieri facias? It would be ludicrous to say that you coul...
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In the ancient Near East, contracts were often solemnized by hacking up a goat. The ritual was an enacted penalty clause: "If I breach this contract, let it be done to me as we are doing to the goat." This Article argues that we are not so far removed from our goat-hacking forbearers. Legal scholars have argued that contractual liability is best explained by the morality of promise making, or by the need to create optimal incentives in contractual performance. In contrast, this Article argues for the simpler, rawer claim that contractual liability consists of consent to retaliation in the event of breach. In the ancient ritual with the goat, the consented-to retaliation consisted of self-help violence against life and limb. The private law in effect domesticates and civilizes retaliatio...
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...By definition, arrest entries must be included within the scope ... adjoining thereto, for the sheriff on a fieri facias may break open the door of a barn standing ...
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...) 'shall have power to issue writs of scire facias, habeas corpus, . [Page 8 U.S. 75, 78] . and all... other court, where can we look for the definition, enumeration and extent of those powers, but to th..., writs of venire facias, certiorari, fieri facias, and many others known to our law. To attem...
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... who had a judgment, and had lodged a fleri facias in the sheriff's hands, to which nulla bona was re... an equitable interest to be seized under a fieri facias. Lessee of Smith v. McCann, 24 How. 398. Bu...256. Legal assets, according to the definition of Mr. Justice STORY, (Eq. Jur. 551,) 'are such as...
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... interests in the property, and the definition of property rights is a matter of state law. Resol..., or of garnishment process under a writ of fieri facias, attachment, or of sequestration; the relea...
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... of the court, entirely concurs in this definition given by Chief Justice Marshall. . Mr. Justice SW...190, 194]. of Alexandria. A writ of fieri facias was issued to the sheriff of that county, a...
