Gaillardanne v. Locascio

ROGERS, Justice.

Plaintiff, as the holder of two past-due mortgage notes of $500 each, sued out executory process against defendant, the maker of the notes and the granter of the mortgage, seizing the mortgaged property.

While the property was being advertised for sale by the civil sheriff, the defendant took a rule on the plaintiff to show cause why a preliminary injunction should not issue, restraining the seizure and sale, on the grounds, first, that the notes sued on were paid and the mortgage canceled by the subsequent execution of a new note and mortgage for $1,340, and, secondly, that…