Gentis v. Blasco

The defendant, in his answer to the hypothecary action instituted by the plaintiff, denied that the latter had given the thirty days notice to the debtor, and made amicable demand ten days previous to commencing the present proceedings

There being no evidence that both these demands were given, as required by law, the District Judge nonsuited the plaintiff.

This judgment is correct. The law requires the thirty days demand to be made as a prerequisite to the institution of the hypothecary action, whether the creditor resorts to executory process, or to proceedings via ordinaria. This is not an…