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HIBERNIA NATIONAL BANK OF NEW ORLEANS v. MARY

No. 1650.

167 So.2d 200 (1964)

The HIBERNIA NATIONAL BANK OF NEW ORLEANS v. James R. MARY.

Court of Appeal of Louisiana, Fourth Circuit.

September 1, 1964.

Attorney(s) appearing for the Case

Phelps, Dunbar, Marks, Claverie & Sims, Louis B. Claverie, New Orleans, for relator.

James David McNeill, New Orleans, for respondent.

Before REGAN, YARRUT and BARNETTE, JJ.

CHRIS T. BARNETTE, Judge pro tem.

On August 7, 1963, The Hibernia National Bank in New Orleans (Relator in the proceeding now before us) filed a suit for foreclosure of mortgage by executory process against James R. Mary. The usual order for legal demand, seizure and sale of the mortgaged property was issued. The defendant, Mary, did not appeal from the order as provided in LSA-C.C.P. art. 2642, but instead sought to assert his defenses through an injunction proceeding...

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