Croghan v. Conrad

The defendant, being sued on a promissory note, pleaded the general issue, and that the 7 A o plaintiff cannot maintain his present action, r r

The district court gave judgment for the defendant; the evidence shewing that she had given a special mortgage to secure the payment of the note. The plaintiff appealed.

The appellee relies on Pothier des Hypotheques, n. 155, where it is said that the creditor who has a notarial act, an executory title, mi litre executoire, must resort to it, and cannot sue in the ordinary way, par la vote de la demande.

This writer cites no authority, and Bernadi, in…