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SCARBOROUGH v. DUKE

No. 3447.

251 So.2d 55 (1971)

Loy W. SCARBOROUGH and Hess Curry, Jr., Plaintiffs-Appellees, v. John A. DUKE, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied August 16, 1971.

Writ Refused October 18, 1971.

Attorney(s) appearing for the Case

Charley J. Schrader, Jr., Jena, Houma, for defendant-appellant.

Norman M. Magee, Ferriday, Long, Sleeth & Hughes, by Edwin R. Hughes, Jena, for plaintiff-appellee.

Before HOOD, CULPEPPER and MILLER, JJ.

MILLER, Judge.

Plaintiffs obtained a judgment by executory process foreclosing four collateral mortgages executed by defendant John A. Duke. Duke petitioned to enjoin the sheriff's sale without posting security, contending that LSA-C.C.P. Art. 2753(1) and (5) were applicable. The relevant parts of the cited sections provide that security is not required for the issuance of a temporary restraining order or preliminary injunction to arrest a seizure and sale, when the...

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