Supreme Court of Louisiana July 15, 1870, No. 111 (Ellison v. Iler)

Howe, J.

It appears that, in 1867, the plaintiff, being the holder and owner of a draft executed by one Ilemler, for the price of land, and secured by mortgage and vendor’s privilege, brought suit thereon, and obtained a personal judgment for the amount, with interest and costs, and also for the recognition of his mortgage and vendor’s privilege upon — not the land affected thereby, but, by an