Sun Finance Co. v. Jackson

EDWARDS, Judge.

The issue in this case involves the ranking of mortgages. As the holder of a note secured by a mortgage on certain immovable property belonging to defendants, plaintiff brought this action for the amount due on the note. In the suit, brought as an ordinary proceeding, plaintiff prayed for the amount due on the note and recognition of its mortgage, but the judgment, which cast defendants for the amount prayed for in the petition, made no mention of the mortgage.

After an unsuccessful attempt to execute on the judgment by garnishing wages, plaintiff proceeded to have the mortgaged…