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HIBERNIA HOMESTEAD AND SAVINGS ASS'N v. FLETCHER

No. 2021.

181 So.2d 815 (1966)

HIBERNIA HOMESTEAD AND SAVINGS ASSOCIATION (formerly Hibernia Homestead Association) v. Mrs. Glordean LORINO, wife of Julius Marion FLETCHER, Julius Marion Fletcher and Lakeside Acceptance Corporation.

Court of Appeal of Louisiana, Fourth Circuit.

January 10, 1966.

Attorney(s) appearing for the Case

Pat W. Browne, New Orleans, for plaintiff.

Sidney I. Goldman, New Orleans, for Lakeside Acceptance Corporation, plaintiff and rule appellant.

Clerk of Court, appellee, absent and unrepresented.

Mrs. Glordean Lorino, wife of/and Julius Marion Fletcher, appellees, absent and unrepresented.

Before McBRIDE, SAMUEL and CHASEZ, JJ.

McBRIDE, Judge.

This is an executory process suit. After the satisfaction of plaintiff's mortgage and the payment of a paving and sewerage lien and all costs, $1624.44 remained in the hands of the Sheriff out of the proceeds of the execution sale, which he deposited in the Registry of the court. Lakeside Acceptance Corporation, the holder of a junior mortgage for $2640.24 against the property foreclosed upon, brought a rule against the Clerk of Court and the defendant...

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