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SCARBOROUGH v. DUKE

No. 3562.

251 So.2d 58 (1971)

Loy W. SCARBOROUGH and Hess Curry, Plaintiff-Respondent, v. John A. DUKE, Defendant-Relator.

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., Houma, for defendant-relator.

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

Before HOOD, CULPEPPER and MILLER, JJ.

MILLER, Judge.

This writ was granted and the June 2, 1971 sheriff's sale stayed to permit our review of the allegation that defendant relator's mortgaged property was ordered sold under executory process without sufficient authentic evidence. The application convinced us that the judgment of executory process was based in part on insufficient authentic evidence. Most of the issues presented in this writ application are before us in Scarborough v. Duke, La.App.,

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