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DOESCHER v. MARCOTTE

No. 7651.

343 So.2d 345 (1977)

Louis J. DOESCHER v. Agnes Doescher Marcotte, Wife of/and Paul MARCOTTE, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 15, 1977.

Attorney(s) appearing for the Case

Daniel T. McKearan, Jr., Harahan, for plaintiff-appellant.

Walter E. Kollin, Metairie, for defendants-appellees, Agnes Doescher Marcotte, Wife of/and Paul Marcotte, and John H. Doescher.

Henican, James & Cleveland, Carl W. Cleveland, A. Reed Sharpe, Jr., New Orleans, for defendant-appellee, Eureka Homestead Society.

Before SAMUEL, REDMANN, LEMMON, GULOTTA and BOUTALL, JJ.

GULOTTA, Judge.

The central issue with which we are confronted is whether funds can be withdrawn from a homestead account by a third party without written authorization from the person in whose name the account is placed.

In July, 1956, a homestead account was opened in the Eureka Homestead in the names of "Clarence Doescher or Louis J. Doescher". The accumulated principal and interest in the sum of $16,956.43 was withdrawn on January 8, 1969 by one of the...

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