Hicks v. Lowery

ON MOTION TO DISMISS APPEAL

ODOM, J.

Defendant appealed devolutively from an order of seizure and sale under executory process. Appellee has moved to dismiss the appeal on the ground that the writ has been executed and the mortgaged property sold.

In the case of Trimble vs. Chavis, 11 La. App. 208, 123 So. 513, 514, we said:

“Inasmuch as the mortgage has already been foreclosed, the writ executed, and the property sold, this devolutive appeal can avail appellant nothing. She is without interest to prosecute it further. If this court should reverse the judgment appealed from, it would not have the…