JOHN DEERE CO. v. LOEWER

No. 86-453.

505 So.2d 973 (1987)

JOHN DEERE COMPANY, Plaintiff-Appellant, v. Eric G. LOEWER, Jr., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 5, 1987.


Attorney(s) appearing for the Case

Percy, Smith, Foote & Honeycutt, J. Michael Percy, Alexandria, for plaintiff-appellant.

Paul C. Tate, Jr., Mamou, for defendant-appellee.

Before FORET, DOUCET and KNOLL, JJ.


KNOLL, Judge.

John Deere Company (Deere) appeals a trial court ruling denying it a deficiency judgment against a debtor whose tractor was seized and sold by executory process. Deere contends the trial court erred in holding that the judicial sale was not conducted pursuant to a valid appraisal because the sheriff-appointed appraiser was an interested party and was not sworn before a notary.

On January 2, 1980, Eric G. Loewer, Jr., defendant-appellee, purchased...

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