Miller v. Cappel

The opinion of the Court was delivered by

Poché, J.

Defendants have taken this appeal from an order of seizure and sale issued on a mortgage note of $4000, executed by them to the order of A. A. Mouton and endorsed .in blank by the latter.

Their complaint is that no authentic evidence was furnished of' the transfer of the note by the payee or endorser and that, therefore, the order was issued without sufficient evidence.

The point is well taken and it must prevail. There is authentic evidence of the execution of the note and of the mortgage, but none to show the transfer of the note and of its…