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KEARNEY v. MALONEY

No. 5835.

296 So.2d 865 (1973)

William L. KEARNEY and Cecelia Lazard Kearney v. Hardy MALONEY et al.

Court of Appeal of Louisiana, Fourth Circuit.

On Rehearing December 10, 1973.

On Limited Rehearing June 11, 1974.

Attorney(s) appearing for the Case

Murray & Murray, Ltd., Stephen B. Murray, New Orleans, for plaintiffs-appellants.

Shushan, Meyer, Jackson, McPherson & Herzog, Donald A. Meyer, New Orleans, for Hardy Maloney, defendant-appellee.

Flettrich & Hennesy, Albert J. Flettrich, New Orleans, for Dryades Savings and Loan Assn., defendant-appellee.

Joseph F. Blasi, Jr., John J. Blasi and Thomas J. Blasi, New Orleans, for James H. Smith, defendant-appellee.

Before SAMUEL, STOULIG and SCHOTT, JJ.

STOULIG, Judge.

Plaintiffs have appealed a judgment maintaining defendants' exception of prescription and dismissing their suit. The ruling of the trial court is based on the allegations in plaintiffs' petition, which, for the purposes of deciding this exception, are deemed to be true.

On March 15, 1967, plaintiffs, William L. Kearney and Cecelia Lazard Kearney, signed an agreement to buy from Hardy Maloney a house located at 1013 West William David Parkway...

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