Claverie v. Gerodias

The opinion of the court was delivered by

Spencer, J.

Plaintiff holding a note of Mrs. Gerodias for $2000, secured by mortgage on her paraphernal property, executed by authority *292of the Judge of the Third District Court of Orleans, took executory process thereon.

The defendant filed an opposition thereto,' alleging that the note was obtained from her by fraud and misrepresentation — that the recitals of the act of mortgage to the effect that Olaverie had loaned her the amount of the note were false to his. knowledge — that in truth said Olaverie never gave her any consideration for said note —…