Williams v. Holloway

*323The facts are stated in the opinion of the court, delivered by

Mathews, J.

This is an hypothecary action against a third possessor of the mortgaged property. The defendant, in his answer, denies the existence of the mortgage; sets up title in himself, in virtue of a sheriff’s sale made on a judgement which operated as a judicial hypothecation, anterior to the mortgage of the plaintiff’s, &c. He also denies that any amicable demand r J was made on him to pay the money claimed. This we consider equivalent to a denial of the ten days notice required by law to be given to a third possessor,…