State ex rel. Roth v. Judge of Twenty-third District Court

The opinion of the Court was delivered by

Poché, J.

These two cases, involving rights of the same nature and between the same parties, have been consolidated, and are predicated on the following salient facts:

*847The relator, as holder of a mortgage note of J. E. Neely, obtained an order of seizure and sale against the property burdened with the mortgage, and pending the delaj's intervening before actual seizure, sued out a writ of sequestration against the same property.

After enjoining the execution of the writ, the defendant obtained, contradictorily with the seizing creditor and the sheriff, an…