State Ex Rel. Flournoy v. Simmons

HIGGINS, Justice.

The relator, the sheriff of Caddo Parish, instituted mandamus proceedings against the clerk of the First District Court of Caddo Parish as ex-officio recorder of mortgages to compel the respondent to furnish him with an unlimited or unrestricted mortgage certificate covering certain described immovable property which he was scheduled to sell at public auction in a foreclosure proceeding on September 25, 1940.

The defense is that the law does not place on the respondent the obligation of furnishing the sheriff, or any one else, with an unlimited or unrestricted mortgage…