587 214

2370. The purchasers of property at sheriffs' sales, those made by authority of the court, those made by the syndics of insolvent estates, and finally those of any description which are made by the authority of justice, and all subsequent purchases by a regular chain of title, may protect themselves from eviction of the property so purchased, or from any responsibility as possessors of the same, by pursuing the rules hereinafter prescribed (Act 331, 1855, p. 463).

A judgment rendered on a monition proceeding cannot cure a radical defect in the title of the purchaser of the property at a tax sale. Fix vs. Succession of Dierker, 30 An. 176.

[Advertisement.]

2371. It shall be the duty of the purchasers, if the purchase has been made within the limits of the city and parish of Orleans, to publish three times, or if the sale has been made out of the limits of the parish and city aforesaid, to publish the same for the space of time and in the manner required for advertising judicial proceedings, a monition calling on all persons who can set up any right to the property, in consequence of informality in the order, decree or judgment of the court, under which the sale was made, or any irregularity or illegality in the appraisement or advertisement, in time and manner of sale, or for any other defect whatsoever, to show cause within thirty days from the day the monition is first inserted in the public papers, why the sale so made should not be confirmed and homologated.

[Description of Property.]

2372. This monition shall state the judicial authority under which the sale took place, and shall also contain the same description of the property purchased as that given in the judicial conveyance to the buyer, and shall further declare the price at which the object was bought.

R. S. 2373-2376

[Judges May Grant Monition.]

2373. The judges of the respective courts from which the orders, decrees or judgments may have issued, and in virtue of which the sales ought to be homologated, which have been made, shall, on application of the buyer, grant this monition in the name of the State, and affix to it the seal of the court.

[Judgment on Monition.]

2374. At the expiration of the thirty days, the party obtaining the monition may apply to the judge of the court, out of which the monition is issued, to confirm and homologate the sale, and it shall be the duty of the judge in case no cause is shown against the prayer for the monition, to homologate and confirm the judicial sale in question; provided, always, that before he does so confirm it, he shall be fully satisfied that the advertisements have been inserted in the newspapers, as already directed, and that the property has been correctly described, and the price at which it was purchased, truly paid; but in case opposition be made to the homologation, and it should appear that the sale was made contrary to law, it shall then be the duty of the judge to annul it, otherwise to confirm it, as in case no opposition was made.

[Effect of Judgment.]

2375. The judgment of the court, on the monition aforesaid, shall be in itself conclusive evidence that the monition has been regularly made and duly advertised, nor shall any evidence be received thereafter to contradict the same, or to prove any irregularity in the proceeding.

[As Res Adjudicata.]

2376. The judgment of the court, confirming and homologating the sale, shall have the force of res judicata, and operate as a complete bar against all persons, whether of age or minors, whether present or absent, who may thereafter claim the property sold, in consequence of all illegality or informality in the proceeding; whether before or after judgment; and the judgment of homologation shall in all cases be received and considered as full and conclusive proof that the sale was duly made according to law, in virtue of a judgment or order legally and regularly pronounced on the interest of parties duly represented.