Morrison Waite

“ Having made his application and got the proceeds, then interest in the land bought by Waples was relieved from his lien, but in no other respect was it enlarged. The only effect of the intervention was to give Waples the title to his tenancy for the life of Hays free of the lien of the mortgage. Whether Bradford can proceed against the property in the hands of the heirs for the recovery of the balance that remained due to him after the application of the proceeds of his sale, is a question we need not consider. ”

“ This was objected to because it had not been set forth in the petition, and was not attached thereto, and the lots were not described in the petition as required by section 174 of the Code of Practice of Louisiana. This objection was properly overruled. It is well established in Louisiana that if the defendant goes to trial on a petition defective in this particular he waives the objection. ”