Taylor v. Marshall

The opinion of the court was delivered by

Breaux, J.

This is an hypothecary action to enforce a mortgage-against certain lands owned by the defendant.

Defendant filed an exception in which it is alleged that, in the-judgment plaintiff seeks to enforce, her mortgage is not recognized or mentioned.

That she has by a casus omissus, or by intendment, waived or renounced her mortgage.

The plaintiff was the ward of J. N. Platt.

At her majority he filed an account of tutorship, showing an indebtedness of 13781.10.

The account was homologated in the usual form, without special reference to the mortgage, by…