Ipser v. Kessler

CHARLES E. CLAIBORNE, JUDGE.

Plaintiff Ipser alleged that he was the owner of a note made hy the defendant, Mrs. Kessler, to secure the payment -of which she granted a mortgage; he further alleged that the defendant had failed to pay the note, and he prayed for execu-tory process - and for recovery of the amount of the note.

The writ issued as prayed for.

Whereupon the defendant, Mrs. Kessler, obtained an injunction, without bond, against the execution of the writ. She alleged that after maturity she paid the note to the Commercial Germania Bank the holder thereof; that one Jules J. Viosca then…