Joseph P. Bradley

“ The evidence shows that Kennedy & Co. were always ready and willing to have their accounts inspected, if the other parties had desired to inspect them. This was all that the agreement implied or required. ”

“ The ground of relief, if any existed, commenced to exist on the day of sale; and if the complainants or the assignees did not know of it at once, they must have known of it within a short period thereafter. There is nothing alleged as ground of disturbing the sale which they did not know, or which they were not put upon inquiry to ascertain, within a year from the sale at most. ”

“ To secure Kennedy & Co. for these advances, Williams, by the same instrument, mortgaged the plantation to said firm, with the like pact de non alienando; and it was agreed by all the parties, both mortgagor and mortgagees, (who all joined in the act,) that the mortgage granted in favor of Kennedy & Co. should have priority and rank of first mortgage over the one granted in favor of the other creditors. To further secure Kennedy & Co., Williams also mortgaged to them the crops of the plantation, and agreed to consign the same to them for sale in New Orleans, and Kennedy & Co. ”

“ It stood at that time upon an open account; and, on the twenty-eighth of January, 1874, they procured Williams to make an acknowledgment before a notary public of the balance due, which amounted to $28,097.36, for which he, at the same time, confessed judgment, and consented and agreed that, under said act, and the two acts of mortgages before referred to, Kenned & Co. should have the right to seize and sell the plantation under executory process. ”