Massie v. Brady
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Voorldes, J. The payment of a note, at its maturity, extinguishes a mortgage given for its security. Tho subsequent re-issue of the note does not revive the mortgage.
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APPEAL from the Civil District Court for the Parish of Orleans. Voorldes, J. The payment of a note, at its maturity, extinguishes a mortgage given for its security. Tho subsequent re-issue of the note does not revive the mortgage. Hill vs. Hall, 4 Rob. 46; Shenkel vs. Craves, 19 Ann. 260; Smith vs. Brady, 37 Ann. 122. ‘ Whore an obligation is yrima facie proscribed, there must be authentic evidence of interruption of the prescription before one can proceed via executiva” Hennen’s Digest, page 848. and cases cited, of Union Bank vs. Dosson, 7 Ann. 548; Bowler vs. Beatty, 10 Ann. 275. “Asale…
1Opinion of the Court
The opinion of the Court was delivered by
McEnery, J.
This case was before tbis court in February, 1885, and the facts are stated in 37 Ann. p. 122. In that case the court said: “ The *556only present solution of tlie matter open to us is to vacate the judgment below-as in case of non suit, leaving the parties to take such proceedings as will pnesent the issues in a form susceptible of adjudication of the rights of all those who are interested.”
In pursuance of this decree, J. II. Massie brought suit against W. P. Smith, Thos. R. Brady, the sheriff, and M. J. McAdam, to have the sale annulled from…
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