LINDSLEY v. COPPING

No. 7456.

215 So.2d 543 (1968)

William S. LINDSLEY v. Patrick F. COPPING.

Court of Appeal of Louisiana, First Circuit.

November 12, 1968.


Attorney(s) appearing for the Case

Barranger, Barranger & Jones, Covington, for appellant.

Philip E. Pfeffer, Covington, for appellee.

Before LOTTINGER, ELLIS and BAILES, JJ.


LOTTINGER, Judge.

This is a suit to cancel a mortgage. Plaintiff contends that on May 1, 1959, he executed a note and mortgage in the amount of Seven Thousand and No/100 ($7,000.00) Dollars, payable to the order of Bearer on demand. This suit is based on the ground that since the date of the note until the suit was filed, July 12, 1966, no payments have been made, and therefore, under the provisions of LSA-C.C. Art. 3540, the note and mortgage have prescribed.

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