Reed v. Succession of Gibson

On Rehearing.

FOURNET, Justice.

This is a suit to enjoin the foreclosure of a mortgage against the succession of the debtor on the ground that the mortgage note on its face is prescribed.

On March 2, 1934, Mrs. Matilda B. Gibson, widow of John Lewis, died intestate, leaving an estate consisting of two pieces of real estate situated in the city of New Orleans, one located at 2415 Palmyra street, appraised at $1,200, and one on Jane alley, appraised at $800. Two mortgages were executed by her bearing on the Palmyra street property, one to secure a note for the sum of $1,200, dated December 30,…