PERIGONI v. McNIECE

No. 8641.

355 So.2d 975 (1977)

Frank PERIGONI, Individually and for the use and benefit of his minor son, Jeffrey Perigoni v. John McNIECE, Linda McNiece, Security Insurance Company and Boston Old Colony Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

November 10, 1977.


Attorney(s) appearing for the Case

Frank J. D'Amico, George H. Jones, New Orleans, for plaintiffs-appellants.

Ewell C. Potts, Jr., Arabi, for defendantappellee.

Before REDMANN, SCHOTT and BEER, JJ.


BEER, Judge.

Frank Perigoni and his now major son, Jeffrey, are judgment creditors of John B. McNiece. In that capacity, they seek to set aside three conventional mortgages which secure three notes executed in 1970 by McNiece in favor of John Foster, alleging that these encumbrances are without consideration and with actual intent to hinder, delay and defraud by the giving of an illegal preference. Additionally, they aver that the mortgages, executed before a Florida...

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