Boissac v. Downs

The present is an appeal from an order of seizure and sale.

On the 24th day of July, 1856, the plaintiff, Mrs. M. E. Boissac (now Mrs. Kirke) sold a tract of land in the Parish of Iberville to Andrew J. Johns for the sum of $12,000, with eight per cent, interest, payable in all the month of March, 1858, with this proviso : “ which note is not to be paid at maturity unless the tacit mortgage mentioned in the act of sale and mortgage be canceled, and to be paid after maturity on the canceling of said mortgage.” A mortgage was reserved in the act of sale in authentic form to secure the price.

On…