Lombas v. Robichaux

Charles Simpson, one of the defendants, obtained an order for the seizure and sale of certain mortgaged property in the possession of the plaintiff in this suit. The latter applied for, and obtained a suspensive appeal therefrom, which has been recently decided by this court.

The Sheriff disregarded the appeal, and was proceeding at the instance of Simpson, to execute the order of seizure and sale, when he was restrained by a writ of injunction sued out in this case.

The defendant, Simpson, attempts to justify .the proceeding of the Sheriff, on the ground, that the appeal was not taken within…