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SCARBOROUGH v. DUKE

No. 3397.

243 So.2d 282 (1971)

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

Court of Appeal of Louisiana, Third Circuit.

January 29, 1971.

Attorney(s) appearing for the Case

Charley J. Schrader, Houma, for defendant-relator.

Norman Magee, Ferriday, and Edwin R. Hughes, Jena, for plaintiff-respondent.

Before FRUGE, MILLER and DOMENGEAUX, JJ.

MILLER, Judge.

This writ was granted and the January 20, 1971 sheriff's sale stayed, to allow John A. Duke, defendant relator, to take evidence on his petition to enjoin the sale ordered by plaintiffs' foreclosure judgment obtained under executory process.

On May 5, 1970, Judge Russell signed the executory process judgment against Duke awarding Scarborough and Curry $58,391.08 with interest at 8% from April 7, 1970 plus 10% on principal and interest as attorney...

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