
    COLLINS vs. MOORE AND PRESCOTT.
    
    APPEAL FROM THF COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. LANDRY, THE JUDGE OF THE SIXTH PRESIDING.
    Where the plaintiff holds by two titles, and the premises are sold by the sheriff under éxeeution against him, and he receives the balance, after satisfying the judgment, he cannot set up a claim to the same property under the other title, although the sheriff describes the sale to be of the youngest of the two titles.
    This is an action (o recover twelve arpents of land by forty in depth, situated on the east side of the Bayou Courlableau, in the parish of St. Landry.
    The plaintiff, William C. Collins, alleges that his father, John Collins, acquired title to the above tract of land by purchase from one Charles Yigé, who by several mesne conveyances acquired it from the original grantee of the Spanish government. He further shows that his father is dead, and he is the only son and heir; and has inherited the same. But that in 1830, the defendants took possession and continue to occupy said land, and have committed great waste. jje pravs that his title may be declared the best, and the possession delivered to him, &c.
    Where the by íwo^uiesand the premises are sold by the sheriff under non agamst receives the balfying *hel jndgsef"up a "claim tothe same pro-other’ tide"1 aliff°de8oribe?the sale to be of the youngest of the two titles.
    The defendants plead a general denial; and aver they hold the land by a good title, purchased at sheriff’s sale, under a judgment and execution against the plaintiff, which sale was regularly made and is valid. They pray that the defendants’ demand be rejected.
    The plaintiff sets up a different title, as he contends, to the land, from that under which it was sold by the sheriff, and which is an older and a better title.
    There was judgment decreeing the defendants to be the legal possesso'rs and owners of the land in controversy, and the plaintiff appealed.
    
      Linton, for the plaintiff, submitted the case.
    
      T. H. Lewis, for defendant.
    
      
       When the case was taken up, Judge Simon left the bench for the remainder of the term. The court then consisted of Judges Martin, Morphy and Garland.
    
   Garland, J.,

delivered the opinion of (he court.

The plaintiff commenced this suit to recover of the defendants a tract of land containing twelve arpents front by forty in depth, situated on the east side of the Bayou Courtableau, in the parish of St. Landry, which he alleges was granted by the Spanish government, and by several conveyances from the grantee, came into the possession of John Colbns, his father, from whom he inherited it. The defendants nnt ^eny fbat the plaintiff had a title to the land in question, but, allege they are the owners of all his right to it; , i j .i , i , , purchased the same at one or more sales made by sheriff of the parish of St. Landry, under several executions issued on judgments obtained against the plaintiff in 1829 and 1830. No irregularity or defect in these sales, is a^eSec^ ol’ proved, and the sheiiff in his deeds, says, he sells and transfers “all the right, title, interest or demand, which the said William C. Collins has or had to said lands, or any Parl ,horeof nt any ,¡me-”

So far as the foots can be gathered from the record, it ap- ,. . ... , pears the plaintiff had two titles, which cover the same piece of land, but as the sheriff in describing it in his sale, only mentioned one of the original grants and that the youngest, he wishes to recover back the land under the oldest grant, notwithstanding he has ratified the sales by receiving a balance from the sheriff after the payment of all the executions; and is also bound to warrant the title of the defendants. We are unable to see the slightest foundation for the claim advanced, and, therefore, affirm the judgment of the District Court, with costs.  