Trimble v. Chavis

ON MOTION TO DISMISS APPEAL

ODOM, J.

Defendant appealed devolutively from an order of seizure and sale in executory proceedings, and plaintiff, appellee, moves to dismiss the appeal on the ground that the writ has long since been executed, the mortgaged property sold, and the writ is, therefore, functus officio.

The facts are that on September 15, 1925, plaintiff obtained an order of seizure and sale in an executory proceeding commanding the Sheriff to seize and sell certain property owned by defendant on which plaintiff held a mortgage. On November 12th, following, defendant sought to enjoin…