Meriwether v. New Orleans Real Estate Board

HIGGINS, Justice.

This is an appeal from a judgment dismissing a petition of intervention in a con-, test between two transferees of mortgage notes of the same series, secured by a mortgage on certain real estate, over the proceeds of the sale of the property through foreclosure proceedings; the amount thereof being insufficient to pay both claims.

Plaintiff contends that intervener purchased the first six notes of the series, after their maturity, from their common transferor, and therefore took them subject to the same defense as could be urged against him, i. e., that transferor was estopped…