Rogers v. Binyon

Statement of the Case.

MONROE, J.

This is a proceeding via ordinaria on three promissory notes executed by defendant and secured by mortgage and vendor’s lien. Defendant, who is a nonresident of the state, was represented by a curator ad hoc (appointed at the instance of plaintiff), who pleaded the general issue.

The act of sale and mortgage annexed to the petition contains the following stipulation to wit;

“It is expressly agreed that the liability of the purchaser, and maker of these notes, is restricted to the property above sold, and no proceedings shall be taken against the purchaser,…