Haines v. Verret

(Merrick, O, J., dissenting.) The plaintiff proceeded 'em execiitiua upon what lie supposed to be an authentic act of mortgage, importing a confession of judgment, and procured an order for the seizure and sale of the land sold by him to the defendant, who had neglected to pay the balance of the price.

The latter sued out an injunction upon the three following grounds, verified by his affidavit:

1.That the act of mortgage was not authentic, because the term of office of the notary before whom it was passed had expired previous to the completion of the act.

2.That the fees and costs of copies…