H.J. Smith Sons v. Baham

This is a proceeding by rule to cancel from the mortgage records of ■ St. Tammany parish a conventional mortgage which primed in point of registry a judicial mortgage in plaintiffs’ favor resulting from a judgment obtained against the defendant Baham.

The clerk of court and ex officio recorder ' of mortgages, the holder of the conventional mortgage, and the common debtor were all made defendants.

The basis of plaintiffs’ demand is: That the conventional mortgage was fraudulent and without consideration; that the note to secure payment of which the mortgage was given was prescribed; and that the…