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REIN v. MERRIELL

No. 906.

150 So.2d 73 (1963)

William J. REIN, III v. Hattie Mae McFARLAND, Wife of/and Nathan MERRIELL, Jointly and in Solido.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 4, 1963.

Attorney(s) appearing for the Case

Donald S. Klein, New Orleans, for plaintiff-appellant.

Brierre & Stephenson, New Orleans, for defendants-appellees.

Before REGAN, YARRUT and HALL, JJ.

LUTHER E. HALL, Judge.

Defendants, the makers of a mortgage note, sought to enjoin foreclosure proceedings brought thereon by plaintiff who had purchased the note from the mortgagee. From a judgment in defendant's favor granting a preliminary injunction plaintiff prosecutes this devolutive appeal.

The record reveals, and it is conceded, that there was a complete failure of consideration for the note and that other...

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