Joseph P. Bradley

“ It is the general law, it is true, that a third possessor of hypothecated property must be proceeded against by the hypothecary action, which requires 30 days' demand of the principal debtor, and 10 days' subsequent notice to the third possessor, to pay the debt, or give up the property. ”

“ As we understand the record, no change of possession took place at the time of the donation; but the plaintiff Marie, the donee, went immediately abroad, out of the country, and Ackley Perkins remained in possession until the sale to William S. Pike, in January, 1866, under the execution on the 12-months bond. Mrs. Johnson, the judgment creditor, not receiving any fruit of her judgment, finds herself, at the close of the war, obliged to resell the property. She finds no one in possession but Ackley Perkins. ”

“ An execution was issued on this judgment, and, the property failing to bring two-thirds of its appraised value, it was sold on the third of August, 1861, on 12 months' credit, pursuant to the Code of Practice of Louisiana; and the said Ackley Perkins, a brother of the mortgagors, became the purchaser, and to secure the payment of the purchase money he gave a 12-months bond for $30,695.80, with interest at 10 per cent. per annum, with two sureties. ”

“ Code Prac. arts. 680, 681. At such sale on credit, the purchaser is required to furnish good and sufficient joint security, and special mortgage on the property sold, bearing interest at the same rate as the judgment. Article 681. The Code further provides that, if the bond is not paid at maturity, 'the clerk who first issued the order of seizure shall, on the demand of the judgment creditor, or any other person interested, and on the bond being delivered to him, issue an execution for the amount, both against the purchaser and his surety, in the same manner as on a final judgment ”

“ From these authorities we infer the rule to be that a gratuitous donee, even when in possession, being liable for the charges on the land, is not entitled to the delay and formalities of the hypothecary action. ”