Saloy v. Collins

The opinion of the court was delivered by

Marr, J.

Under a writ of seizure and sale the sheriff of the parish of Orleans advertised and was about to sell the mortgaged property, when Collins, the mortgagor, obtained an injunction, on the ground that, either the judge who granted the order was without jurisdiction or the civil sheriff of the parish of Orleans was without power or authority to execute the writ.

Saloy, the seizing creditor, moved the court to set aside and dissolve the injunction, with damages and costs, on the grounds:

First — That the injunction bond was irregular, and…