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TRACY v. HEWITT

No. 8632.

92 So.2d 757 (1957)

Douglas M. TRACY, Plaintiff-Appellee, v. Robert HEWITT, Defendant, B. F. Edington Drilling Company, Inc., Intervenor and Third Opponent-Appellant.

Court of Appeal of Louisiana, Second Circuit.

February 5, 1957.

Attorney(s) appearing for the Case

Hussey & Smith, Shreveport, for intervenor and third opponent-appellant.

J. M. Barton, curator ad hoc, Shreveport, for defendant.

James G. Cowles, Shreveport, for appellee.

HARDY, Judge.

This action, via executiva, was instituted by plaintiff, Douglas M. Tracy, on March 6, 1956, for the foreclosure of a second mortgage, executed by defendant, Robert Hewitt, securing the payment of a note in the principal sum of $1,400, of which note plaintiff was the holder and owner in due course for a valuable consideration before maturity. On March 15, 1956, B. F. Edington Drilling Company filed a petition of intervention and third opposition, alleging...

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