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JUDICE-HENRY-MAY AGENCY, INC. v. FRANKLIN

No. 12789.

376 So.2d 991 (1979)

JUDICE-HENRY-MAY AGENCY, INC., et al. v. Ben R. FRANKLIN, III, et al.

Court of Appeal of Louisiana, First Circuit.

Writ Refused January 3, 1980.

Attorney(s) appearing for the Case

A. Clay Pierce, Jr., Baton Rouge, for plaintiffs-appellees, Judice-Henry-May Agency, Inc. and Stephen G. Henry, Jr.

Frank W. Middleton, III, Baton Rouge, for defendants-appellants, Ben R. Franklin, III and Ronald G. Wolf.

Before LANDRY, EDWARDS and LEAR, JJ.

EDWARDS, Judge.

Defendants, Ben R. Franklin, III, and Ronald G. Wolf, appeal a declaratory judgment finding an unrecorded lease between plaintiffs and defendants' ancestors in title to be binding and enforceable against defendants. The sole issue is whether an unrecorded lease, subsequently assigned and with the assignment being recorded, is binding on a third party purchaser. The trial court decided in the affirmative. We reverse.

In 1971, the Judice-Henry...

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