First Guaranty Bank v. Wells

LeBLANC, Judge.

This appeal involves a suit for collection on a promissory note. The primary questions presented are: (1) whether the instant suit is one for deficiency judgment; and, (2) whether a debtor who failed to object to a seizure and sale under executory process can file a reconventional demand against the creditor in a separate suit, claiming damages for an alleged wrongful seizure in the creditor’s first suit. Answering no to both questions, we affirm the judgment of the trial court.

FACTS

On August 9, 1979, Thomas and Mary Wells (defendants) purchased certain immovable property from…