Guaranty Bank of Mamou v. Community Rice Mill, Inc.

In the instant case, although plaintiff proceeded via ordinaria, it did not initially secure a judgment against the guarantor. Rather, plaintiff, Guaranty, secured a judgment only against. Community Rice Mill, Inc., the principal debtor, reserving its rights against Mr. LaHaye, the guarantor. Subsequently, the mortgaged property was sold pursuant to a writ of fieri facias without valid appraisement, the proceeds of which sale were insufficient to satisfy the indebtedness. Thereafter, plaintiff instituted the instant suit seeking a deficiency judgment against the surety.

As I understand the…