CLINTON BANK AND TRUST COMPANY v. ROYAL

No. 8635.

256 So.2d 369 (1971)

CLINTON BANK AND TRUST COMPANY v. Thomas ROYAL.

Court of Appeal of Louisiana, First Circuit.

December 20, 1971.


Attorney(s) appearing for the Case

W. Lee Overton, Clinton, for appellant.

Leslie D. Ligon, Jr., Clinton, for appellee.

Before LOTTINGER, SARTAIN and ELLIS, JJ.


ELLIS, Judge.

This is a suit by Clinton Bank & Trust Company against Thomas Royal for the rescission of a dation en paiement of a truck on which plaintiff had held a chattel mortgage. Judgment was rendered setting aside the dation en paiement and ordering the return of the chattel mortgage and the note secured thereby to plaintiff. Defendant has appealed.

It is not disputed that defendant executed a promissory note in favor of plaintiff on January 14,...

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