SUTTON v. SUTTON

No. 6902.

320 So.2d 597 (1975)

Augusta SUTTON v. Jeannette Laphand Sutton, wife of Augusta SUTTON.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 11, 1975.


Attorney(s) appearing for the Case

Plauche F. Villere, Jr., New Orleans, for plaintiff-appellant.

J. Robert Hoepffner, Richards & Hoepffner, New Orleans, for defendant-appellee.

Before REDMANN, SCHOTT and MORIAL, JJ.


REDMANN, Judge.

Plaintiff appeals from the trial court's refusal to cancel defendant's judicial mortgage as against property plaintiff bought at a public partition sale conducted without notice to defendant. We affirm.

The sale was conducted to partition the former marital community of plaintiff and his ex-wife. Plaintiff ex-husband had granted a recorded conventional mortgage upon the specific community property during the marriage. The ex-wife, by being...

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