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IVY v. DAY

No. 3556.

254 So.2d 136 (1971)

William IVY, Jr., Plaintiff-Appellee, v. Clyde H. DAY and Yvonne Johnson Day, Defendants-Appellees, John Makar, Intervenor-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 23, 1971.

Dissenting Opinion November 24, 1971.

Writ Refused January 6, 1972.

Attorney(s) appearing for the Case

Makar & Whitaker, by John Makar, Natchitoches, for intervenor-appellant.

Don Almerico, Norco, Donald S. Zuber, Baton Rouge, for plaintiff-appellee.

Claude Leach, Jr., Leesville, Ted R. Broyles, Leesville, John G. Gibbs, J. M. Henry, Jr., Natchitoches, S. Chris Smith, III, Roy B. Tuck, Jr., Leesville, for defendants-appellees.

Before HOOD, MILLER and DOMENGEAUX, JJ.

HOOD, Judge.

Plaintiff, William Ivy, Jr., obtained a default judgment against defendants, Mr. and Mrs. Clyde H. Day, for the amount claimed to be due on two promissory notes, with recognition of mortgages securing those notes. The mortgaged property was seized and sold at two separate public sales to satisfy that judgment. After each such sale, John Makar intervened, alleging that he is the holder of a note secured by a mortgage affecting the same property, and demanding...

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