C. C P. Art. 689, sec

But it is impossible to convey what one does not possess, s0 that the sheriff must hold at the time of his making the tonveyance the said rights.

What then is the sheriff's title in such case? Is it not a contract cffected by operation of law between the juigment

debtor and the adjudicataire, the cheriff acting for such debtor as his attorney, and conveying to the adjudicataire such debtor’s rights upon the immoveable ? It is a forced transfer of the defendan: s rights (jura in rem) upon the im. moveable from him to the adjudicataire.

From whom does the adjudicataüe in such a case derive his title ? It may be answered, from the sheriff; but the sheriff does not pretend to convey his own personal right of property in the immoveable, he merely conveys the defendant’s rights. If the defendant had no rights of property and no possession, the sheriffs sale and title would not con. vey the right of property in the immoveable to the adjudicataire, or give him any right as against the rightful owner save as a title whereon to prescribe.