
    No. 640.
    Peter Heft vs. Harvey Kelty.
    On February 8,1863, Maj.-Gen. Banks, commanding the Department of the Gulf, issued an order reciting that “ war necessarily brings with it to a great extent the suspension of ordinary pursuits, and naturally affects materially those whose resources are derived from the product of their land,”, and prohibits “ the foreclosure of mortgages as against loyal citizens having interest in the subject matter,” and exempts from forced sale under execution “ the property of loyal citizens owning and working plantations.”
    In the following October, Heft obtained an order of seizure and sale against a lot in New Orleans owned by Kelty, who was also the mortgagor. Kelty took a rule to shew cause why the proceedings should not be stopped under the above order, which was discharged. The sale proceeded and Heft bought. Eleven months after the sale, viz.: in November, 1864, Kelty took an appeal, which was not heard until now.
    
      Seld, that the order referred only to plantations and did not affect city lots.
    Appeal from the Sixth District Court of New Orleans.
    Kennard, Howe & Prentiss for Plaintiff. Fellows for Defendant Appellant.
   De Blanc, J.,

delivered the opinion affirming the judgment.  