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JOHNSON v. WEATHERSPOON

No. 8675.

354 So.2d 698 (1978)

Ethel Lou JOHNSON, exrx. v. Addie C. WEATHERSPOON.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 14, 1978.

Attorney(s) appearing for the Case

Leon C. Vial, III, Vial, Vial & Lemmon, Hahnville, for plaintiff-appellee.

C. William Bradley, Jr., Reserve, for defendant-appellant.

Before REDMANN, STOULIG and SCHOTT, JJ.

REDMANN, Judge.

Defendant appeals from a judgment of eviction. She argues that she was denied the opportunity to make out her defense because of excusable tardiness in arriving for trial.

The defense was that she is entitled to remain in the premises, which were the separate property of her deceased husband (whose heir's executrix is plaintiff), because community funds were used to make payments on a mortgage on...

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