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HIBERNIA NATIONAL BANK IN NEW ORLEANS v. MARY

No. 1791.

174 So.2d 200 (1965)

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

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 3, 1965.

Writ Refused June 28, 1965.

Attorney(s) appearing for the Case

Phelps, Dunbar, Marks, Claverie & Sims, Louis B. Claverie, New Orleans, for plaintiff-appellee.

James David McNeill, New Orleans, for defendant-appellant.

Before McBRIDE, CHASEZ and BARNETTE, JJ.

McBRIDE, Judge.

This suit for the foreclosure of a mortgage by executory process has been pending since August 7, 1963. Defendant and his wife sought to arrest by injunction the order of seizure and sale issued April 8, 1964. On June 4, 1964, the trial court rendered judgment denying a preliminary injunction, and defendant suspensively appealed therefrom the order granting the appeal concluding with the following words:...

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