Gaillardanne v. Locascio

WESTERFIELD, Judge.

The facts in this case are stated in our former opinion (163 So. 457), but a brief restatement is necessary here.

Locascio, who had borrowed $1,000 through Francis D. Charbonnet, a notary public in the city of New Orleans, on January 23, 1926, and executed two promissory notes of $500 each secured by mortgage upon real estate owned by him, alleging that the mortgage notes were prescribed, obtained an injunction in the Civil District Court preventing Jules A. Gaillardanne, the holder of the notes, from proceeding further with executory process, which he had instituted on the…