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THIBODAUX v. BURNS

No. 10921.

340 So.2d 335 (1976)

Mrs. Mae Savoie THIBODAUX v. Robert A. BURNS, Jr., and James J. Messmer.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 20, 1976.

Attorney(s) appearing for the Case

John T. Bourgeois, Thibodaux, for plaintiff and appellant.

Jude T. Fanguy, Houma, for defendant-appellee, James J. Messmer.

Edmund McCollam, Houma, for defendant-appellee, Robert A. Burns, Jr.

Before LANDRY, EDWARDS and COLE, JJ.

LANDRY, Judge.

Plaintiff Mrs. Mae Savoie Thibodaux (Appellant) appeals judgment sustaining an exception of res judicata and dismissing her action seeking recovery on a promissory note and recognition and enforcement of the vendor's lien and mortgage securing the indebtedness, against defendants Robert A. Burns, Jr., and James J. Messmer (Appellees). We reverse and remand to the trial court for further proceedings.

On April 30, 1970, Appellees executed a promissory...

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