Thompson v. Flathers

The opinion of the court was delivered by

McEnery, J.

The defendant leased to the plaintiffs the Orleans plantation for two years and two months from September 18, 1891. The price of the lease was $4500, $1000 cash and two notes of $1250 each, payable respectively October 1, 1892, and Sept. 1, 1893. At the time the property was leased to plaintiffs it was burdened with a mortgage for $11,000, the notes evidencing the mortgage debt being held by the State National Bank.

The notes falling due, the bank, on November 3, 1891, proceeded to enforce the mortgage by executory process. The defendant,…