Noble v. Flower

*738The opinion of the Court was delivered by

Bermudez, C. J.

The plaintiff enjoins executory proceedings against her, on notes issued by her in settlement of the purchase price of certain real estate in this city, amounting in capital to $3500.

She contends that those notes were extinguished by payments and compensation before they came to the possession of the defendant, to whom they were passed without consideration and to defraud her of her rights against the previous holder.

She prays that the notes be so declared; further, that the privilege- and mortgage apparently securing them be annulled;…