Foster Glassell Corporation v. Rachal

TALIAFERRO, Judge.

Plaintiff, alleging itself to be the holder and owner for -value of defendant’s mortgage note for $1,009.76, dated January 21, 1932, maturing October 1 after date, sought to enforce payment thereof by foreclosure via ordinaria.

In obedience to an order 'of the court, rendered on defendant’s motion, plaintiff alleged that said note was acquired by it under authentic act of sale from the bankrupt estate of Foster & Glassell Company, Inc. This instrument was produced and filed in obedience to a prayer for oyer thereof.

Defendant admits execution of the note and the mortgage given…