Phillips v. Kathman-Landry, Inc.

Article 2379, LSA-Code of Civil Procedure, under which this action is brought, provides:

“The purchaser who has been evicted from property sold under a writ of fieri facias shall have his recourse for reimbursement against the judgment debtor and the seizing creditor. If judgment is obtained against both, the purchaser shall issue execution first against the judgment debtor, and if his judgment remains unsatisfied, he may issue execution against the seizing creditor.”

The official comment to this Article indicates that it makes no substantive change in the former law which appeared in Article…