Rice v. Davis

Merrick, O. J.

This appeal is taken from an order of seizure and sale.

The plaintiff alleges himself to be the curator of the succession of Gardner Johnson, deceased, rvho became in his lifetime the owner and holder of the note annexed to the petition.

It is assigned as error, that there is in the record no authentic proof that Gardner Johnson is dead, nor that plaintiff has been appointed curator of his succession.

The note sued on was made payable to the defendant’s own order and by him indorsed. This fact appears by the notarial and authentic act of mortgage. In the act of mortgage, the…