W.B. McCartney Oil Co. v. Hataway

I dissent from the majority opinion in this case for the reasons assigned by Judge Doucet. I agree with Judge Doucet that McCartney has not been denied the opportunity to obtain satisfaction of its judgment and that McCartney has not lost any of its legal rights under its judgment.

I also dissent from the holding of the majority which finds, without any citation of legal authority, that LSA-C.C.P. Articles 2372 and 2378 do not apply and are inapplicable where a superior lien has been erroneously omitted from a mortgage certificate prepared in connection with a sheriffs sale of the property…