Lowe v. Garriga

MILLS, Judge.

Plaintiff, a merchant of Minden, La., on March 11, 1932,- secured and recorded a judgment against A. Garriga on open ac-pount in the amount of $808.88, with interest and cost.

On June 12, 1933, E. S. Toadvin proceeded against the same defendant via execu-tiva upon a mortgage note for $4,000, less a credit of $500, and secured an order for the seizure and sale of 302 acres of land in Claiborne parish. Whereupon, the judgment creditor brought this action in the district court of Claiborne parish, alleging that the note and mortgage, importing confession of judgment, sought to be…