Hewitt v. Stewart's

Upon the allegation that they had a judicial mortgage against certain slaves now in the possession of D. P. Gain, (their judgment debtor,) *101but'claimed by Nolan Stewm't, who had purchased them at a Sheriff's sale under execution at the suit of the Clinton and Port Hudson Railroad Company against Cain, the plaintiffs brought this hypothecary action to enforce their judgment upon the slaves.

The defendant, Stewards executor, has appealed from a decree ordering these slaves to be sold to satisfy the plaintiffs’ judicial mortgage.

It is urged in this court, although the point does not seem to have…