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MARTIN LEBRETON INS. AGENCY v. LAMASTUS

No. 11869.

357 So.2d 883 (1978)

MARTIN LEBRETON INSURANCE AGENCY v. Mrs. Sara Phillips, wife of and Lewis Ray LAMASTUS, Metro, Inc., and Lucy Reid Rausch, Clerk of Court.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 1, 1978.

Attorney(s) appearing for the Case

Edmond T. Wegener, Jr., New Orleans, for plaintiff-appellant.

Conrad Meyer, III, New Orleans, Julian J. Rodrigue, Covington, for defendant-appellee, Metro, Inc.

Robert T. Hughes, New Orleans, for defendants-appellees Sara Phillips Lamastus, and Ray Lewis Lamastus.

Before BLANCHE, COVINGTON and CHIASSON, JJ.

BLANCHE, Judge.

Plaintiff, Martin Lebreton Insurance Agency, is appealing a judgment of the trial court dismissing its action to set aside a dation en paiement made by Mr. and Mrs. Lewis Ray Lamastus to Metro, Inc.

On February 11, 1977, Mr. Lamastus executed a promissory note for $30,000 secured by a collateral mortgage on property in St. Tammany Parish for insurance premiums due Martin Lebreton Insurance Agency. The mortgage was not recorded until March 24...

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