Bank One Louisiana v. Lacobee

GASKINS, Judge.

In this matter involving a judicial sale and the proper distribution of its proceeds, Bank One appeals from a trial court judgment ranking another creditor’s money judgment above its mortgage. For the reasons assigned below, we reverse.

FACTS

O’Neal’s Feeders Supply, Inc., obtained a money judgment against H.H. Lacobee, the husband of Peggy E. Perot Lacobee, which was signed on November 6, 1990, and recorded in the mortgage records of Webster Parish on November 7, 1990. However, the inscription was marked “can-celled” on December 28, 1992. The “can-celled” stamp was later…