American Budget Plan, Inc. v. Landry

CHASEZ, Judge.

The American Budget Plan, Inc., filed a foreclosure proceeding against Felix Landry, Sr., on the 24th day of February, 1965; the order for the issuance of the executory process was signed on the same day. Subsequently, the defendant, Felix Landry, Sr., died.

On March 17, 1965 Chester Landry, alleging himself to be a child and heir of Felix Landry, Sr., filed suit to enjoin plaintiff, American Budget Plan, Inc., and the Sheriff of the Parish of Jefferson, from proceeding with the sale of the property seized by plaintiff. A temporary restraining order was issued enjoining the…