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QUALITY FINANCE CO. OF DONALDSONVILLE, INC. v. BOURQUE

No. 55758.

315 So.2d 656 (1975)

QUALITY FINANCE CO. OF DONALDSONVILLE, INC. v. Kermit "Hart" BOURQUE, Clerk and Recorder, et al.

Supreme Court of Louisiana.

Rehearing Denied July 25, 1975.

Attorney(s) appearing for the Case

Robert R. Rainer, W. Frank Gladney, Baton Rouge, for defendant-applicant.

Raymond B. Gautreau, Donaldsonville, for plaintiffs-respondents.

SUMMERS, Justice.

The narrow issue before the Court is whether Quality Finance Company (transferee of mortgaged property under an act of giving in payment [dation enpaiement] from its mortgage debtors Marvin and Patricia Gros) is entitled to an order mandating the Clerk of Court to cancel a judicial mortgage and lien inferior in rank to the mortgage formerly held by Quality Finance which it cancelled.

The trial judge ordered cancellation, and the First Circuit...

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