Prestenback v. Road Equipment Co.

MILLER, Judge pro tern.

Road Equipment Company, Inc., as the holder and owner of a promissory note and chattel mortgage executed by Emmett Prestenback, doing business as Prestco Construction Company, filed suit to foreclose the mortgage via executory process. Shortly after the seizure of the mortgaged Link-Belt Truck Crane by the Sheriff of the Parish of Terrebonne, in accordance with the writ of seizure, Emmett Prestenback filed this suit seeking to permanently enjoin and restrain the defendant Road Equipment Company, Inc., from proceeding with the seizure and sale, and obtained a temporary…