Toms v. Nugent

This is a suit for an injunction to restrain the sale of an automobile seized and advertised under writ of executory process issued by the Second District Court in and for Bienville Parish.

Coupled with the action for injunction is a redhibitory action seeking to rescind the sale of the automobile on the ground of the existence of latent defects. The petition also alleges failure of consideration and fraud as the basis for injunction.

The defendants are J.A. Nugent, sole owner of the Home Finance Company, which Company was the seizing creditor in the proceeding for executory process, and the…