CAPITAL BANK AND TRUST CO. v. LACEY

No. 67416.

393 So.2d 668 (1980)

CAPITAL BANK AND TRUST COMPANY v. Freddie Lee LACEY and Edward J. Lacey.

Supreme Court of Louisiana.

Rehearing Denied February 13, 1981.


Attorney(s) appearing for the Case

Coxe & Coxe, James R. Coxe, III, Baton Rouge, for defendant-applicant.

Gary & Field, Russell L. Dornier, Baton Rouge, for plaintiffs-respondents.


LEMMON, Justice.

This is a suit for a deficiency judgment to recover the balance due by Freddie Lacey on a promissory note after distribution of the proceeds of a judicial sale of Lacey's tractor and dump truck in an earlier executory proceeding filed to enforce the chattel mortgage securing the note. Lacey answered, alleging that the vehicle was defective and that plaintiff took the note subject to the claims and defenses he could assert against the seller of the...

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