Neyrey v. Jaxon Applebee Corp.

REDMANN, Judge.

By petition of April 1974, a corporation’s liquidator sought to annul judicial sales of September 1972 of corporate property, and (or?) to cancel as satisfied the mortgages whose foreclosure resulted in the sales. Plaintiff’s theory of the nullity is that the sales were invalid under C.C.P. art. 2337 because the price was insufficient to pay a superior mortgage and costs.

The trial court dismissed on exception of no right of action, C.C.P. art 927(5). We reverse.

Facts Alleged

Plaintiff’s corporation had executed on September 2, 1970, a $6,270 mortgage in favor of Causeway…