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HOGAN v. TURNIPSEED

No. 10-CA-1065.

79 So.3d 343 (2011)

Charles HOGAN v. John H. TURNIPSEED and Juana T. Turnipseed.

Court of Appeal of Louisiana, Fifth Circuit.

August 30, 2011.

Attorney(s) appearing for the Case

David S. Moyer , Attorney at Law, Luling, LA, for Plaintiff/Appellant.

Geri Broussard Baloney , Attorney at Law, Garyville, LA, for Defendant/Appellee.

Panel composed of Judges MARION F. EDWARDS, FREDERICKA HOMBERG WICKER, and HILLARY J. CRAIN, Pro Tempore.

HILLARY J. CRAIN, Judge Pro Tem.

This case involves the respective rights of a mortgage holder on an immovable and those of a third party possessor and owner of the property when it has been seized by the sheriff preparatory to its sale under a writ of fieri facias.

The facts of this litigation are as follows. Charles Hogan, plaintiff, sold the house and lot at issue here to John Turnipseed and his wife Juana, and held a mortgage on the property. When...

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