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GULF SOUTH BANK & TRUST CO. v. DEMAREST

Nos. 8587-8590.

354 So.2d 695 (1978)

GULF SOUTH BANK AND TRUST COMPANY v. Francis J. DEMAREST, Recorder of Mortgages. GULF FEDERAL SAVINGS AND LOAN ASSOCIATION OF JEFFERSON PARISH v. Francis J. DEMAREST et al. SECURITY HOMESTEAD ASSOCIATION v. Francis J. DEMAREST et al. DELTA INVESTMENTS OF NEW ORLEANS, INC. v. Francis J. DEMAREST et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 11, 1978.

Attorney(s) appearing for the Case

Steven R. Plotkin, New Orleans, for Mr. and Mrs. Jack J. Weiss.

Nicholas J. Gagliano, Mmahat, Gagliano, Duffy & Giordano, Metairie, for Gulf Federal Sav. and Loan Ass'n of Jefferson Parish.

Edmond G. Miranne, Miranne & Miranne, New Orleans, for Security Homestead Assn.

Francis J. Demarest, Recorder of Mortgages in pro per.

Before REDMANN, SCHOTT and BEER, JJ.

REDMANN, Judge.

Mr. and Mrs. Jack J. Weiss appeal from a judgment which declared fraudulent and null, and ordered erasure of, cancellations of mortgages. The mortgages affected the home the Weisses bought at a time when the fraudulent cancellations made it appear that the property was freed of those mortgages. We affirm.

Because this matter began as a mandamus proceeding, we first note that Caumont v. Hickey, La.App.Orl.1936, 165 So. 488, 491, held...

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