Succession of Marc

The opinion of the court was delivered by

Manning, C. J.

The sole contest in this case is between the creditors of the deceased, each of whom has a mortgage.

Soye, the older creditor, obtained executory process, under which the property specially mortgaged to him was sold, and it did not realize sufficient to pay his claim, after the costs of his process and the taxes were satisfied.

Gayarre’s mortgage was on- another property, and was subsequent in date to Soye’s, and he had also the vendor’s privilege upon it, retained in the same act which recited the mortgage. The sale of that piece of…