Evans v. Natchitoches Collections, Inc.

BIGBY, Judge.

The issue on appeal is whether attorney’s fees are recoverable where a judicial sale is set aside because the price offered by the highest bidder was not sufficient to discharge the costs of the sale and the mortgages superior to that of the seizing creditor as required by Louisiana Code of Civil Procedure Article 2337. We hold they are not.

Natchitoches Collections, Inc., as judgment creditor of I. C. Evans, had the Sheriff of Winn Parish seize and sell some immovable property belonging to Evans. A sheriff’s sale was held and Natchitoches Collections bought the property for…