
    THE STATE OF LOUISIANA vs. LE BLANC, JUDGE, &c.
    Eastern Bis.
    
      March, 1833.
    APPLICATION POR A MANDAMUS.
    The right to have a mortgage cancelled by order of a judge of the Court of Probates, cannot be tested, unless those who have a real or pretended interest, are made parties.
    Mrs. Widow Rillieux, natural tutrix to her minor children* had sued them, and obtained judgment for sale and partition of a plantation, which they owned in common and undivided, andón which there existed the legal mortgage against her as tutrix of the children* and several conventional mortgages. In order that she might give a clear, unincumbered title, to the purchasers at the public sale ordered, she applied to the judge of the Court of Probates, for the parish of St. John the Baptist, before whom the proceedings had béeU cttndtccfedy for an order to erase and cancel the mortgages. The judge refused to grant this order, and she applied for a mandamus.
    The right to have a mortgage cancelled by .order of a judge of the Court of Probates, cannot be tested, unless those who have a real or pretended interest, aromado parties.
    Morphy, for applicant.
    
      Pichot, for defendant.
   Pouter, J.

delivered the opinion of the court.

This is an application for a mandamus to the judge of Probates to St. Jean the Baptiste, to compel him to grant an order to erase and cancel some mortgages on property which the applicant has purchased at a sale made under the authority of his court. We are of opinion that this question cannot be decided with the judge, but that it must be by a proceeding, to which those having an interest, real or pretended, adverse to the application, are made parties. The rule must, therefore, be discharged.  