STATE EX REL. SUNSERI v. THOMAN

No. 5850.

154 So.2d 480 (1963)

STATE of Louisiana ex rel. Anthony J. SUNSERI, Plaintiff-Appellant, v. Emile J. THOMAN et al., Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 1, 1963.


Attorney(s) appearing for the Case

Guy L. Deano, Jr., New Orleans, for appellant.

Barranger, Barranger & Jones by Dalton J. Barranger, Covington, for appellee.

Before ELLIS, LOTTINGER, HERGET, LANDRY and REID, JJ.


ELLIS, Judge.

In April 1958 Anthony J. Sunseri brought a mandamus suit against Emile J. Thoman alleging that a certain mortgage note dated October 30, 1951 had prescribed and seeking a cancellation of the mortgage. The trial court rendered judgment for the plaintiff and the defendant appealed. On appeal, this court determined that the defendant sustained the burden of proving the interruption of prescription by a partial payment made July 12, 1954, and, accordingly...

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