
    No. 8340.
    C. A. Phillippi vs. C. Clairteaux et al.
    Where a planter gives a special mortgage on his plantation to cover and secure future advances, and the mortgagee, after advancing- part of the amount stipulated in the act, becomes a member of a commission house, a partnership by whom other advances are made during the year, and to whom the crop is consigned for sale, and by whom sold, and an account current is rendered by this firm, in which all the sums advanced under the mortgage, are charged both before and after the formation of the partnership, and with the consent of the mortgagee, the mortgagee cannot, after this, proceed alone to enforce the mortgage by seizure and sale, regardless of the credits that may be imputable to the debt from the proceeds of the crop.
    No settlement of the debt can be made in a proceeding to which the mortgagee and planter are alone parties. The firm should also be parties to the suit. Judgment perpetuating injunction affirmed and amended, so as to reserve the rights of all persons in interest in any future proceeding for the adjustment of the debt.
    APPEAL from the Twenty-sixth Judicial District Court, Parish of Jefferson. Malm, J.
    
      W. J. MoOime, Joseph Br moer, for Plaintiff and Apx>ellant.
    
      Chas. Lovque, C. W. Besangon, for Defendants and Appellees.
   The opinion of the Court was delivered by

Todd, J.  