DUPUY v. DEMAREST

No. 8156.

342 So.2d 263 (1977)

Clarence O. DUPUY, Jr. v. Francis J. DEMAREST, Recorder of Mortgages and Milton E. Dupuy.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 15, 1977.

Writ Refused April 6, 1977.


Attorney(s) appearing for the Case

Garon, Brener & McNeely by Milton E. Brener, Arthur L. Ballin and James G. Dalferes, New Orleans, for Clarence O. Dupuy, Jr., plaintiff-appellee.

Henican, James & Cleveland, C. Ellis Henican, Jr., Carl W. Cleveland, New Orleans, for Milton E. Dupuy, defendant-appellant.

Before BOUTALL, SCHOTT and BEER, JJ.


BOUTALL, Judge.

Defendant suspensively appeals a judgment of the trial court that ordered, after a mandamus proceeding, the cancellation of the recordation of a judgment bearing against the real property of the plaintiff Clarence O. Dupuy.

A history of the litigation surrounding this case is necessary to place the proceeding now before us on appeal in the proper light.

On March 5, 1976, a judgment in the amount of $905,000 was entered pursuant to a...

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