BERTINI v. TURNCLIFF

No. 91 CA 1369.

607 So.2d 813 (1992)

Mr. & Mrs. Steven M. BERTINI v. Debra Kay Britton Wife of/and Edward William TURNCLIFF, John Pool, South Savings and Loan Association, Sheriff Patrick J. Canulette, and the XYZ Insurance Companies.

Court of Appeal of Louisiana, First Circuit.

Writ Denied January 15, 1993.


Attorney(s) appearing for the Case

Mary M. Swaim, New Orleans, and Julia M. David, Mandeville, for plaintiffs-appellants No. 1.

Michele D. Ahlers, Metairie, for defendant-appellant No. 2 Riley.

Charles M. Ponder, III, New Orleans, for defendant-appellee South Sav.

Before CARTER, LANIER and LeBLANC, JJ.


LeBLANC, Judge.

The issue presented herein is whether, for purposes of La.C.C. art. 2317 liability, a seizing creditor is considered to have garde over a piece of immovable property by virtue of the fact that the property was constructively seized by the sheriff pursuant to a writ issued upon the creditor's request? Finding that the mere occurrence of a constructive seizure does not give a seizing creditor garde of the property for purposes of art. 2317, we affirm...

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