WALLACE v. FIDELITY NATIONAL BANK

No. 7542.

219 So.2d 342 (1969)

Giles A. WALLACE, Plaintiff-Appellant, v. FIDELITY NATIONAL BANK, Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 10, 1969.

Writ Refused April 25, 1969.


Attorney(s) appearing for the Case

Sylvia Roberts and H. Alva Brumfield, Baton Rouge, for appellant.

Roland C. Kizer, Jr., of Kizer, Heaton & Cangelosi, Baton Rouge, for appellee.

Before LOTTINGER, ELLIS and BAILES, JJ.


BAILES, Judge.

This appeal involves the claims of two collateral mortgage holders to an escrow fund formed between them in an agreement to cancel their respective mortgages in order that the mortgaged property could be sold. The claimants are Giles A. Wallace, plaintiff and defendant in reconvention, and the Fidelity National Bank of Baton Rouge, defendant and plaintiff in reconvention. The Trial Court rendered judgment in favor of the defendant-plaintiff in reconvention...

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