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McLENDON v. BREWSTER

No. 12139.

286 So.2d 513 (1973)

G. E. McLENDON, Sr., and (G. E. McLendon, Jr., et al., Substitute Plaintiffs), Plaintiffs-Appellees, v. William O. BREWSTER, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied, November 13, 1973.

Writ Refused January 25, 1974.

Attorney(s) appearing for the Case

Ford E. Stinson, Benton, for defendant-appellant.

Gamm, Greenberg & Kaplan, by Jack H. Kaplan, Shreveport, for plaintiffs-appellees.

Before AYRES, BOLIN and PRICE, JJ.

Rehearing Denied, En Banc. November 13, 1973.

BOLIN, Judge.

This appeal is from a judgment refusing to enjoin plaintiffs from proceeding by executory process to foreclose on a $30,000 note and mortgage signed by defendant and containing a confession of judgment.

William O. Brewster, defendant, executed the note in 1956, secured by a mortgage on six specified tracts of real estate and drawn to the order of "future holder". Brewster paid the original...

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