This is a suit instituted in January, 1868, on a promissory note due on the nineteenth January, 1862, to which the defendant set up the prescription of five years.

Prescription accrued on the nineteenth January, 1867, and no legal interruption is shown. C. C. 3505; Rabel v. Pourciau, 20 An. 132; Smith v. Stewart, lately decided.

It is therefore ordered that the judgment appealed from be reversed and that there he judgment in favor of deféndant with costs in both eourts.