Plan Investments, Inc. v. Carmon

BAILES, Judge.

This is an appeal from the judgment of the trial court enjoining the Sheriff of East Baton Rouge Parish, Louisiana, from proceeding with the sale of defendant’s property under a writ of seizure and sale. The defendant sought and obtained the preliminary injunction on the ground that the mortgagee-plaintiff was obliged by the terms of the mortgage foreclosed to obtain credit life insurance on the life of the mortgagor who had died shortly before the defendant defaulted in the payment of the note, and that thereby the debt sued on was extinguished.

The plaintiff’s position is that…