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CENTRAL PROGRESSIVE BANK v. DOERNER

No. 12209.

365 So.2d 263 (1978)

CENTRAL PROGRESSIVE BANK, Plaintiff-Appellant, v. Billy M. DOERNER et al., Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

October 10, 1978.

Attorney(s) appearing for the Case

Ronald A. Curet, Hammond, for Central Progressive Bank—plaintiff-appellant.

William A. Lepore, Hammond, for Billy Doerner—defendant-appellee.

Robert J. Burns, Metairie, for Cumberland Capital Corp.—intervenor.

Before ELLIS, BLANCHE and LOTTINGER, JJ.

LOTTINGER, Judge.

This is an executory process suit by the first mortgagee, Central Progressive Bank (Central), against property also encumbered by a second mortgage. The second mortgagee, Cumberland Capital Corporation (Cumberland), intervened.

From a judgment entitling Central to be paid by preference out of the proceeds of the sheriff's sale, and ordering the remaining proceeds to be paid to Cumberland, Central has appealed and Cumberland has answered the...

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