Louisiana Western Lumber Co. v. Stanford

ODOM, Justice.

Plaintiff obtained judgment against these defendants for an amount exceeding $2,000. Under a writ of fieri facias, certain property belonging to one of them, Aurelia S. Hart, was seized, advertised, sold, and purchased by plaintiff; the price bid being $3,643.98.

The property was incumbered with a special mortgage which equalled the amount of plaintiff’s bid, and it retained in its hands the entire amount to satisfy the special mortgage. There was therefore nothing to credit on the writ. But the sheriff erroneously returned the writ “fully satisfied.” Subsequently, plaintiff…