
    (66 South. 773)
    No. 19957.
    HYATT v. LINDNER et al.
    (Nov. 30, 1914.)
    
      (Syllabus by Editorial Staff.)
    
    Appeal and Error <@=^790 — Moot Questions.
    A suit by a judgment creditor to clear his. debtor’s property of mortgages alleged to be simulated, so that the judgment may be executed, becomes functus officio where, pending trial, the judgment is annulled on appeal, and the suit must be dismissed.
    [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 47, 3132, 4383, 4384; Dec. Dig. <S=^790.]
    Appeal from Civil District Court, Parish of Orleans; Fred D. King, Judge.
    Suit by Mrs. Mary Jane Hyatt, widow of Louis Fe'arson, against John F. Lindner and another. From a decree for plaintiff, defendants appeal.
    Suit dismissed.
    E. I-I. MeCaleb and Theo. Cotonio, both of New Orleans, for appellants. Lazarus, Michel & Lazarus, of New Orleans, for appellee Hyatt. Emile Pomes, of New Orleans, for appellee Sahuque. Dinkelspiel, Hart & Davey, of New Orleans, for appellee Metropolitan Bank & Trust Co. George Montgomery, of New Orleans, for appellee recorder of' mortgages.
   PRO YO STY, J.

The object of the present suit was to clear the property of plaintiff’s, judgment debtor of certain mortgages alleged to be simulated, in order that plaintiff might execute her judgment; but after this suit had been filed and tried, plaintiff’s said judgment was annulled on appeal, so that plaintiff no longer has any judgment to execute, and this suit is functus officio.

This suit is therefore dismissed, at plaintiff’s cost in both courts.  