Hogan v. Turnipseed

HILLARY J. CRAIN, Judge Pro Tem.

12This case involves the respective rights of a mortgage holder on an immovable and those of a third party possessor and owner of the property when it has been seized by the sheriff preparatory to its sale under a writ of fien facias.

The facts of this litigation are as follows. Charles Hogan, plaintiff, sold the house and lot at issue here to John Turnipseed and his wife Juana, and held a mortgage on the property. When the Turnipseeds failed to make the required payments, Hogan sued them on the note. A judgment in his favor was rendered on August 27, 2003, in…