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SANDERS v. PASTERNACK

No. 7633.

386 So.2d 685 (1980)

Mary SANDERS, Plaintiff-Appellee, v. Joe PASTERNACK, Jr., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied August 22, 1980.

Attorney(s) appearing for the Case

Roy S. Halcomb, Sr., Ferriday, for defendant-appellant.

Ernest L. Johnson, Baton Rouge, for plaintiff-appellee.

Before CULPEPPER, SWIFT and STOKER, JJ.

SWIFT, Judge.

Plaintiff, Mary Sanders, instituted this action to have a foreclosure sale of her property annulled, asserting it was invalid because the price was insufficient to discharge an existing superior mortgage as required by LSA-C.C.P. 2337.1 Following a hearing, the trial judge decreed the sale a nullity. Defendant, Joe Pasternack, Jr., has perfected this appeal.

On August 24, 1968, plaintiff executed a promissory note...

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