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INVESTORS HOMESTEAD ASSOCIATION v. McGAFFICK

No. 3216.

216 So.2d 625 (1968)

INVESTORS HOMESTEAD ASSOCIATION v. Mrs. Freddie Lou BOERO, Wife of William McGAFFICK.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 6, 1969.

Attorney(s) appearing for the Case

Beard, Blue, Schmitt & Treen, A. J. Schmitt, Jr., New Orleans, for plaintiff-appellee.

David H. Seelig and Irvy E. Cosse, Jr., New Orleans, for defendant-appellant.

Lautenschlaeger & Gamble, Cameron C. Gamble, New Orleans, for the National Bank of Commerce, appellee.

Schaff, Currier & Mouledoux, John M. Currier, New Orleans, for Bank of Louisiana, appellee.

Before REGAN, YARRUT, and BARNETTE, JJ.

REGAN, Judge.

The plaintiff, Investors Homestead Association, filed this suit against the defendant, Mrs. Freddie McGaffick, by executory process to enforce a promissory note secured by a mortgage on her separate and paraphernal property.

A writ of seizure and sale was issued pursuant to court order, and the property was sold at public auction. After the plaintiff's vendor's privilege and mortgage was satisfied, there remained in the hands of the civil sheriff...

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