Merchants' Bank of New Orleans v. Peters

Bullard, .1.

The facts in this case are admitted to be, that the plaintiffs held one oí a set of notes secured by mortgage, and Prudhomme another. Prudhomme sued out an order of seizure and sale, the property was sold by Hozey, the sheriff, and the whole price of $20,000 was paid to the sheriff by the purchasers. The plaintiffs took a rule upon the sheriff to show cause why he should not be condemned to pay the amount due them on their mortgage note, with twenty per cent damages. It was decreed accordingly, and execution was issued against the sheriff. The *215Merchants Bank was not a party to the…