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GRIESHABER v. CANNON

No. 10879.

339 So.2d 445 (1976)

Margaret GRIESHABER, Plaintiff-Appellant, v. John R. CANNON, Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 15, 1976.

Writ Granted January 14, 1977.

Attorney(s) appearing for the Case

Patricia A. Mathes, DeVerges & DeVerges, New Orleans, Patrick W. Pendley, Freeman, Pendley & Gascon, Plaquemine, for plaintiff-appellant.

A. J. Kling, Jr., Gonzales, for defendant-appellee.

Before SARTAIN, CHIASSON and EDWARDS, JJ.

SARTAIN, Judge.

Plaintiff, as a conventional mortgagee, instituted this suit seeking the cancellation of a tax sale. She now appeals from the judgment of the trial court which sustained defendants'1 peremptory exception of no right of action. We reverse.

All of the pertinent facts surrounding this controversy are free from dispute. In general, plaintiff is the holder of a certain promissory mortgage note affecting an undivided...

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