Milliken v. Sweet Home Co.

Citations

• 123 La. 998
• 49 So. 669
• 1909 La. LEXIS 813

Syllabus

<p>Mortgages (§ 504*) — Foreclosure — Provisional Seizure — Sale—Injunction.</p> <p>Plaintiff apolied for and obtained an order for the foreclosure of a mortgage via executiva. Before a seizure could be made under the order, defendant applied for and obtained an injunction against the seizure and sale of the property on the oath of the debtor that an extension of time had been granted by the creditor until the beginning of, the next year. The creditor then applied for and obtained from the clerk of court an order for a writ of provisional seizure of the property. The writ issued, and the property was placed • under seizure. Applications were next made by the creditor to dissolve the injunction and by the debtor to set aside the provisional seizure. The injunction was maintained and provisional seizure set aside. The plaintiff has appealed. For reasons assigned the action of the court on both issues is affirmed.</p> <p>[Ed. Note. — For other cases, see Mortgages, Dec. Dig. | 504.*]</p> <p>(Syllabus by the Court.)</p>