New Orleans Canal & Banking Co. v. Leeds & Co.

The opinion of the court was delivered by

Breaux, J.

This is an action via executiva, to enforce the payment of three notes secured by mortgage.

The property mortgaged is the “ Leeds Foundry,” and is described *124-as consisting of parcels of ground, in the First District of this city, with the buildings and improvements. The evidence discloses that the machinery, consisting of boilers, engines, lathes and other implements, which the third opponents claim are not mortgaged, were placed by the owners for the improvement-and service of the foundry, before the date of plaintiff’s mortgage.

The…