Chaffe v. Carroll

The opinion of the Court ivas delivered by

Bermudez, C. J.

This is an .appeal from an order of seizure and sale rendered.to enforce payment of a note of $5,500, secured by vendor’s privilege and mortgage on the land sold, made payable to the order of J. H. Scheen and drawn by the defendant as purchaser.

The defense is, that the note was not endorsed by the payee, and that there is no authentic evidence of its transfer by tlie payee to the plaintiff. .

The petition is accompanied by ample evidence, that J. H. Sclieen, to whose order the note was made payable, has made a surrender of his property…