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MOSES v. AMERICAN SECURITY BANK OF VILLE PLATTE

No. 2676.

222 So.2d 899 (1969)

Hurley MOSES et ux., Plaintiffs-Appellees, v. AMERICAN SECURITY BANK OF VILLE PLATTE, La., Defendant-Appellant, v. Elin PITRE, Sheriff of Evangeline Parish, Third-Party Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

May 22, 1969.

Attorney(s) appearing for the Case

Preston N. Aucoin, Ville Platte, for defendant-appellant.

Fruge & Foret, by Jack Fruge, Ville Platte, for plaintiffs-appellees.

Fusilier, Pucheu & Soileau, by A. Gaynor Soileau, Ville Platte, for third-party defendant-appellee.

Before TATE, SAVOY, and HOOD, JJ.

TATE, Judge.

This is a suit to dissolve a wrongful seizure under fieri facias and to recover damages from the judgment creditor. The latter appeals from judgment rescinding the writ of fieri facias as unlawful, vacating the seizure, and awarding the judgment debtor total damages of $280. The plaintiffs answer the appeal to pray for an increase in the award.

The principal issues of this appeal are:

(1) Was the seizure unlawful; and, if so, was any invalidity...

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