State ex rel. Hibernia National Bank v. Judges of Court of Appeals First Circuit

The opinion of the court was delivered by

Rbeaux, J.

This is an application for a writ of certiorari to annul and have declared void a judgment of the Court of Appeals on the ground that the court was without jurisdiction ratione mater ise.

The facts are that a suit was brought in the District Court for the parish of Claiborne by a judgment creditor of T. J. Caldwell for a decree annulling a mortgage for seven thousand dollars on the ground of simulation and fraud. There was, it appears, a note for the amount identified with the act of mortgage.

The transferees and holders of the mortgage, about…