MILLER v. JUSTICE

No. 6233.

299 So.2d 558 (1974)

Martin O. MILLER, II v. The Honorable William M. JUSTICE, Jr., Clerk of Court and Ex-Officio Recorder of Mortgages For the Parish of Jefferson, State of Louisiana.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 10, 1974.

Writ Refused November 8, 1974.


Attorney(s) appearing for the Case

Huddleston & Davis, Benjamin B. Saunders, James T. Davis, New Orleans, for plaintiff-appellee.

A. W. Wambsgans, Metairie, for defendant-appellant William M. Justice, Jr., Clerk of Court for the Parish of Jefferson.

Gordon K. Konrad, Gretna, for intervenor-appellant Robco, Inc.

Before LEMMON and STOULIG, JJ., and BOURG, J. Pro Tem.


BARON B. BOURG, Judge Pro Tem.

This is a mandamus proceeding by the owner of certain property to compel the recorder of mortgages for the Parish of Jefferson to remove from his mortgage certificate a notice of lis pendens. The owner of the adjoining property that is the subject of the lis pendens intervened in the suit claiming that the inscription of the lis pendens on plaintiff's certificate was proper and should not be removed. It was stipulated by all parties...

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