This is an order of seizure and sale sued out against the

defendants, who are third possessors of the mortgaged property. There are two fatal delects:

FWsi — The mortgageor is not made party.

Second — The’mortgage does not contain the nonalienation clause.

The plaintiff has mistaken his remedy. It is in a hypothecary action. C. P., articles 68, 69 and 70.

It is therefore ordered that the judgment appealed from be annulled, and that petitioner be dismissed with costs.