
    No. 5044.
    Thomas A. J. Richardson v. Levin P. Smith et als. R. A. Hunter, Warrantor.
    Execution having issued on a judgment obtained by R. A. Hunter in a former suit against Richardson, the plaintiff in this case, a tract of land belonging to said Richardson was sold, and Benjamin K. Hunter, the principal defendant in the present suit, became the purchaser. On a devolutive appeal taken by Richardson, the judgment thus obtained against him was annulled by this court on the ground that the citation was null, having issued in the parish of Rapides and been served upon Richardson in the parish of Sabine, the parish in which ho resided and had his domicile. This action is brought by Richardson against said purchaser of the land at sheriff's sale in the suit of Robert A. Hunter against Richardson.
    In so far as Benjamin K. Hunter is concerned, the proceedings in the case of Robert A. Hunter v Richardson are regular. There was a petition, citation, answer and judgment. Notice of seizure was given and notice to appoint appraisers, and an appointment of an appraiser by the defendant followed by a sale. Under these circumstances the sale, as to third persons, transferred the title to the property sold. The plaintiff’s recourse, if he have any, is against Robert A. Hunter.
    Appeala from the Ninth Judicial District Court, parish of Rapides. Orsborn, J.
    
      J. JP. Smith, W. A. Seay, for plaintiff and appellant. Jt. J. Bowman, for defendants and appellees.
   Taliaferro, J.

In 1665 Robert A. Hunter brought suit in the parish of Rapides against the present plaintiff and obtained judgment, issued execution, and in April, 1869, a tract of land belonging to Richardson was sold and Benjamin K. Hunter, the principal defendant in this case, became the purchaser. Prom the judgment obtained against him by R. A. Hunter, Richardson took a devolutive appeal and the judgment was annulled by this court ou the ground that the citation was null, having been issued in the parish of Rapides and served upon Richardson in the parish of Sabine, the parish in which he resided and had his domicile.

The present suit is brought by Richardson against Benjamin K. Hunter, who purchased the tract of land aforesaid at sheriff’s sale, in the suit ol R. A. Hunter v. T. H. J. Richardson. Judgment was rendered in the court below restoring the plaintiff to his rights in the land on reimbursing the defendant the sum paid by him for it. Prom this judgment the plaintiff appeals.

In so far as B. K. Hunter is concerned, the proceedings in the case of R. A. Hunter v. Richardson, are regular. There was a petition, citation, answer and judgment. Notice of seizure was given and notice to appoint appraisers, and an appointment of an appraiser by rhe defendant followed by a sale. We think, under these circumstance's, that the sale, as to third persons, transferred the title to the property sold. The plaintiff’s recourse, if he have any, is against R. A. Hunter.

It is therefore ordered that the judgment of the district court be annulled and reversed, and that there be judgment in favor of defendants, with .costs in both courts.

On Rehearing.

Taliaferro, J.

We are not inclined, after a review- of this case, to change our first decree.

It is therefore ordered that the judgment rendered in this case remain undisturbed.  