Lapene v. Delaporte

Howell,. J.

In April, 1867, the plaintiffs instituted this suit against the administrator of J. B. Boudreaux, on a note secured by mortgage, and against E. M. Yilliers, on bis assumpsit, in an act of sale of the property affected by said mortgage from Boudreaux to Yilliers, and dated June 9, 1866, in which act Yilliers promised to pay said note as a part of the price. Yilliers set up a special defense that the assumpsit was personal to Boudreaux; that the said property was incumbered with several conventional and judicial mortgages against Boudreaux and his vendor, under which it was sold, and…