Catalanotto v. Associates Discount Corp.

In this case defendant sought and obtained an order of executory process based upon a sale and chattel mortgage purporting to be signed by two witnesses and duly acknowledged before a notary public by one of the witnesses. Plaintiff sought an injunction to arrest the seizure and sale, alleging that the sale and chattel mortgage was not actually authentic because one of the witnesses had not signed in the presence of the mortgagor at the time of the confection of the sale and mortgage. To this petition for injunction, defendant filed an exception of no cause of action which was maintained and…