Jacob v. Preston

On the Merits.

Spencer, J.

Mrs. Oazabat purchased in July, 1868, certain lots in New Orleans, and gave for part of the price her promissory notes, secured by mortgage and vendor’s lien. These notes came into the possession of Jacob. This mortgage was duly recorded in 1868. In February, 1872, Mrs. Oazabat sold this property to R. L. Preston for part cash and part on time, payable at certain dates, “-provided, however, that all the taxes, privileges, liens, and mortgages now standing against said property are erased and canceled from the records of the mortgage office, otherwise the payment of…