Tidwell v. Goston

HALL, Judge.

Defendants appeal from a judgment sustaining plaintiff’s exception of no cause of action to defendants’ petition for the arrest and injunction of the seizure and sale of defendants’ property under plaintiff’s foreclosure by executory process. The exception was filed and sustained after the property was sold at public sale. We affirm because defendants’ cause of action became moot after the property was sold.

Plaintiff filed a petition for executory process and the seizure and sale of certain property mortgaged to secure a note issued by defendants. The property was seized on May 2,…