Mack Motor Truck Corp. v. Coco

McCALEB, Justice.

This is a proceeding in rem for executory process in which plaintiff is foreclosing two mortgages it holds on five Mack trucks sold to the defendant, Coco. Following the seizure and sale of the trucks and the issuance of an order for the sheriff to execute a bill of sale to plaintiff as the last and highest bidder, Coco and the sheriff interposed an exception of no cause of action directed against the entire proceeding. This exception was sustained by the judge and plaintiff’s suit dismissed at its costs. Wherefore this appeal.

The salient facts of the case are these: On…