Richard v. Bird

*306The facts are stated in the opinion of the court, delivered by

Porter, J.

This is an action in the via executiva; but by the mode in which the proceedings have been conducted, the opposition has assumed the form of a separate suit, to which an answer has been put in by the original plaintiffs.

The case has been presented to the court on two grounds. It is contended on the part of the creditors, that the act of mortgage authorized the executory proceeding; and that if it did not, the case being changed by the pleadings in the court below, from the via executiva to the via ordinaria, the evidence…