The plaintiff obtained a summary judgment against the defendant vendor for an aborted real estate transaction.
After the appeal period expired, the plaintiff filed a writ of seizure and sale against the vendor's property.
However, prior to the writ being filed, the vendor had entered into an agreement of purchase and sale with a third-party purchaser.
The plaintiff brought a motion for an interim order to prevent the transfer of the property and declare its writ valid.
The court dismissed the motion, applying the principle that once an agreement of purchase and sale is signed, the purchaser acquires an equitable interest in the property, and a subsequently filed writ of execution against the vendor does not bind the purchaser's interest.
