Gumpert v. Signal

HIGGINS, Judge.

The issues presented in this matter result from the trial judge making 'absolute a rule taken by the civil sheriff to partially cancel and erase the minors’ general mortgage in so far as it affects a certain piece of real estate sold by the sheriff under executory process >and referring the minors’ claims to the proceeds of the sale.

The rule was not defended by the tutrix of the minors, but was resisted solely by the recorder of mortgages, who alone has appealed.

In our original opinion, which was not unanimous, we reversed the judgment of the trial court and dismissed the rule.…