Hite v. Charbonnet

On Rehearing

FOURNET, Justice.

Baptiste Caumont, third opponent, instituted these proceedings to enjoin the sale by the sheriff of certain real estate under seizure in a foreclosure via executiva by plaintiffs. The basis of his action was that the property did not belong to the seized debtor, the same having been adjudicated to him (third opponent) at the sale by public auction under a writ of fieri facias issued in execution of a judgment in his favor recognizing and ordering enforced a mortgage on the property.

In answer to the rule nisi, plaintiffs denied third opponent’s allegations and,…