Nelson v. Stewart

The plaintiff, Raymond A. Nelson, appeals from a judgment dismissing his suit on exceptions of no right or cause of action.

Plaintiff’s petition, summarized, sets forth the following facts as the basis of his suit, viz.:

J. W. Stewart, in order to secure $20,000, mortgaged 2,090 acres of land lying in De Soto parish to the Investors’ Mortgage Company on March 4, 1920. This mortgage was duly recorded.

On November 9, 1920, in order, to secure $10,000, J. W. Stewart mortgaged 1,890 acres of the 2,090 acres to. the plaintiff, Raymond A. Nelson. This mortgage was also duly recorded.

Subsequently,…