Auguste v. Renard

The defendant being sued on a note for $3900, secured by a mortgage on several slaves, set up, among other means of defence, the prescription of five years, under article 3505 of the Civil Code. This plea was sustained by the court below, and judgment entered up accordingly, from which the plaintiff appealed.

The appellant admits that the note is prescribed ; but, seeking to separate the mortgage from the note, he contends that his claim is based entirely on the acknowledgment of defendant’s indebtedness to him contained in the notarial act, and that, although he has lost all claim under the…