Ferrara v. Polito.

DORE, Judge.

On November 22, 1933, defendant, Po-lito, secured an order of executory process-against the plaintiff, Ferrara, on a chattel mortgage note for $221, dated July 2, 1930, becoming due on April 1, 1931, the said note being signed by the plaintiff and his wife, under which executory process the property described in the chattel mortgage, that is a bay mare and wagon, was seized and advertised for sale on January 6, 1934. Alleging that said chattel mortgage note had been fully paid and should be canceled, plaintiff, Ferrara, took a rule against defendant, Polito, for a preliminary writ…