Bussieré v. Williams

On Rule xo Erase Mortoaue.

The opinion of the Court was delivered by

Poché, J.

Plaintiff, having issued execution on a judgment which he holds against the defendant, in the sum of $350.00, proceeded by *388rule, contradictorily with the defendant, with the latter’s daughter and with the recorder of mortgages, for the erasure of the legal mortgage inscribed on Ms debtor’s property, in favor of his said daughter, and amounting to some $4,000.

He has taken this appeal from a judgment discharging his rule, on the ground that it was not the proper proceeding, and that it appeared that the defendant’s…