Meux v. Martin

The judgment of the court was pronounced by

Rost, J.

The late Judge Martin had loaned to the plaintiff, on mortgage, a large sum of money. In 1844 he took out an order of seizure and sale, under which the property mortgaged was sold and purchased by him; the balance, exclusive of interest, remaining due to him after crediting the proceeds of the sale, was over $20,000.

Judge Martin died in 1846, and the defendant took possession of his succession as universal legatee and executor. The plaintiff presented no claim against the succession ; and on the 10th day of July, 1847, the defendant made, of…