LASPOPOULOS v. EARL

No. 10162.

376 So.2d 965 (1979)

Athanasios LASPOPOULOS v. Margaret EARL, wife of/and Frederick R. Hornkohl.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 19, 1979.


Attorney(s) appearing for the Case

Leopold Stahl, Stahl & Berke, New Orleans, for plaintiff.

Katherine L. Kennedy Tittle, Holbrook & Kennedy, Metairie, for defendants.

Before REDMANN, GULOTTA and STOULIG, JJ.


REDMANN, Judge.

A mortgagee of an immovable appeals from a preliminary injunction against executory process. The mortgagee testified that he had not yet given the mortgagor husband the loan at the time the act of mortgage was passed in the notary's office but did give it to him at the mortgagee's office later that day, after the mortgagor wife left. Thus the mortgagee concedes that the act is wrong. The result is that the mortgagors' parol evidence is admissible and...

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