Prevost v. Pellerin

Citations

• 105 La. 589

Syllabus

<p>Syllabus.</p> <p>1. A third person shows sufficient interest to appeal from an order of seizure and sale when it appears he has an interest to discharge the debt, but to the right party. He has a right to know that in paying it he is receiving a fui! ■ acquittance, and that the party who proceeds at' law to subject the property to the debt is the party entitled to do so; and as far as the record of the appeal permits the test to be applied he is entitled to make it.</p> <p>2. Where a mortgage note payable to bearer, or to the order of the maker and by him endorsed in blank, is lost, and the only evidence produced on an application for executory process is a copy of the original mortgage and a copy of a later act by the mortgagor, who has meanwhile disposed of the property, in which he acknowledges in favor of his mortgagee the loss of the note, waives advertisement of the same as a lost instrument and consents to executory process, the same is not sufficient to predicate an order of seizure and sale upon.</p>