BURKS v. WILLIAMS

No. 51392.

260 So.2d 642 (1972)

261 La. 612

J. Spencer BURKS v. Edwina E. WILLIAMS.

Supreme Court of Louisiana.

Rehearings Denied May 1, 1972.


Attorney(s) appearing for the Case

Forrest & Kiefer, Gerard E. Kiefer, Baton Rouge, for plaintiff-appellant-applicant.

Kantrow, Spaht, Weaver & Walter, Carey J. Guglielmo, Baton Rouge, for defendant-respondent.


BARHAM, Justice.

The plaintiff brought executory proceedings seeking the balance due, with stipulated interest and attorney's fees, on a promissory note secured by act of mortgage and vendor's lien. The note, in the original amount of $60,000.00, was made payable to "myself", and though signed by the defendant, was never endorsed. The proceeding was turned into an ordinary suit when the trial court held that the instrument indicating the debt was not a note and that...

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