Orleans Discount Co. v. Derbes

The Orleans Discount Company, Inc., is the holder of two promissory notes for $7,-425 each, which are identified with an act of sale and mortgage of certain property in Jefferson parish. Plaintiff filed executory process upon these notes, and John T. Whitaker, claiming to be the owner of a note for $7,-425, which is identified with the same act of sale and mortgage as the notes upon which the executory process issued, intervened in the proceeding and ruled the plaintiff into court to show cause why he should not share, pro rata, in the proceeds realized from the sale of the mortgaged property.