Jacobs v. Calderwood

The judgment of the court was pronounced by

Slidell, J.

The defendant executed two notes in favor of Jacobs, each fra1 $750. The first fell due in March, 1842, and the second in March, 1843. They were given for the price of a house and lot, sold by the plaintiff to the defendant. *510In 1841, the defendant sold the property to Hanna, who assumed, as the consideration of the sale, to pay the notes, agreeing to put himself in the place, stead, and responsibility of Calderwood to Jacobs.

In April, 1842, Jacobs instituted ah hypothecary action against Hanna, and obtained a decree of seizure and sale.…