Dowling v. Gally

The opinion of the court was delivered by

Marr, J.

Hypolite Gally having caused to bo sold, under executory process, certain mortgaged property belonging to the succession of Villiers, Michael Dowling, curator of that succession, brought this suit to have the order of seizure and sale rescinded and annulled.

*329He alleges in his petition that a part of the mortgage debt had been extinguished by prescription; that Gaily and Yilliers were agricultural partners; that Galiy was a factor and commission merchant, and as such is' accountable to the succession for one half of the proceeds of sugar and…