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STATE EX REL. SUNSERI v. THOMAN

No. 5238.

135 So.2d 791 (1961)

STATE of Louisiana ex rel. Anthony J. SUNSERI v. Emile J. THOMAN.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 18, 1961.

Certiorari Denied February 2, 1962.

Attorney(s) appearing for the Case

Dalton J. Barranger, Covington, for appellant.

Gordon W. Goodbee, Covington, for appellee.

Before LOTTINGER, LANDRY and REID, JJ.

LOTTINGER, Judge.

This is a mandamus suit filed by petitioner against Emile J. Thoman and the Clerk of Court and Ex-Officio Recorder of Mortgages for the Parish of St. Tammany, Louisiana, wherein petitioner seeks to cancel an inscription of a mortgage against his property on the grounds that the note identified with the act of mortgage has been extinguished by prescription of five years. The Lower Court held in favor of petitioner and against the defendant and ordered...

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