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JOHN DEERE INDUS. EQUIP. CO. v. LUTHER

No. 6184.

352 So.2d 761 (1977)

JOHN DEERE INDUSTRIAL EQUIPMENT COMPANY, Plaintiff-Appellant, v. Virgil LUTHER, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 14, 1977.

Writ Refused February 17, 1978.

Attorney(s) appearing for the Case

Ledbetter, Percy & Stubbs, by J. Michael Percy, Alexandria, for plaintiff-appellant.

McReynolds & Jantz (Wilbert E. McReynolds), DeRidder, for defendant-appellee.

Before DOMENGEAUX, WATSON and GUIDRY, JJ.

WATSON, Judge.

On March 1, 1976, plaintiff, John Deere Industrial Equipment Company, filed a petition for executory process against Virgil Luther, defendant. The petition alleged that Luther was indebted unto John Deere for $25,073.42, 10% as attorney's fees, and legal interest. Attached to and filed with the petition was a "time sale agreement", which by its terms constituted a promissory note and chattel mortgage, reflecting...

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