Greater New Orleans Homestead Ass'n v. Korner

Relator foreclosed a vendor’s lien and special mortgage executed by the defendant in favor of relator to secure defendant’s note for $3,000.

Under the writ of seizure and sale issued in the foreclosure proceedings, the property covered by the vendor’s lien and special mortgage was adjudicated to relator by the civil sheriff for the parish of Orleans for the sum of $1,100, an amount insufficient to satisfy the writ.

The civil sheriff thereafter appeared in the foreclosure proceedings and filed a rule to cancel the inscriptions of record in the mortgage office for the parish of Orleans against…