State Ex Rel. Hope v. Hickey

FOURNET, Justice.

The Recorder of Mortgages for the Parish of Orleans prosecutes this appeal from a judgment ordering him to cancel and erase from the records of his office a certain mortgage and vendor’s lien upon the petition of the relators, Mr. and Mrs. Nick Parta, wherein they alleged that the note described in the mortgage, though paid in full, had been either lost or destroyed.

Since the Recorder of Mortgages is liable for damages for the cancellation of a mortgage without proper evidence of the payment or cancellation of .the note or other evidence of debt for which it was given as…