Garnier v. Lombard

The plaintiffs having taken an order of seizure and sale against certain property mortgaged to them, became the purchasers of it from the Sheriff; and, by a monition, sought and obtained the homologation of the sale.

Zeringue, the curator of the estate of the wife of Lombard, the mortgagor, is appellant from the judgment, and the plaintiffs and appellees have prayed for the dismissal of the appeal.

The appellant has contended, that the mortgagor’s wife having died and left children before the executory process was sued out, these heirs should have been made parties by the petition for the order…