
    No. 8450.
    C. Chaffe, Jr., Syndic, vs. Madison Carroll.
    1. Where the order of appeal is in the alternative for a devolutive or suspensive appeal, and the bond given is not sufficient for a suspensive appeal, but exceeds the amount fixed for a devolutive appeal, it is a sufficient bond for a devolutive appeal, and the motion to dismiss will not prevail.
    2. An order of seizure and sale cannot legally issue in favor of an alleged endorsee of a promissory note, payable to the order of the payee, without authentic evidence of the endorsement. Nor does the stipulation in the act of mortgage securing the note, to the effect, “that the payee or his transferree may proceed to enforce the same by seizure and sale,” dispense with such proof of the endorsement.
    3. When the application is made for such order on a note of the description stated, by one claiming to be syndic, and there is no authentic proof of the payee’s endorsement, the application must be accompanied by proper evidence of the assignment, and the syndic’s appointment, to warrant the order.
    Judgment reversed and order of seizure and sale annulled.
    APPEAL from the Tenth Judicial District Court, Parish of Red River. Logan, J.
    
      Montfort 8. Jones, for Plaintiff and Appellee.
    
      L. JB. WatMns, for Defendant and Appellant.
   The opinion of the Court was delivered by

Todd, J.  