Nelson v. Stewart

ODOM, Justice.

This case was before us on exception of no cause of action in June, 1931. The trial court sustained the exception, and, on appeal, the judgment was reversed and the case remanded for trial on the merits. See Nelson v. Stewart et al., 173 La. 203, 136 So. 565.

We shall not restate the circumstances out of which the lawsuit arose, as they are stated in detail and at length in our former opinion. It suffices to say that our holding was that Nelson, the junior mortgage creditor of J. W. Stewart, who foreclosed and purchased the property subject to the prior mortgage and who retained…