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KENNEDY v. COON

Nos. 14563, 14564.

401 So.2d 512 (1981)

Dr. Irving G. KENNEDY, Jr., and Carole Sargent Kennedy, Plaintiffs-Appellants, v. Lloyd W. COON, Defendant-Appellee. Lloyd W. COON, Plaintiff-Appellee, v. Hamp H. HANKS, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied July 15, 1981.

Attorney(s) appearing for the Case

Bruscato & Loomis by Anthony J. Bruscato, Monroe, for plaintiffs-appellants, Dr. Irving Kennedy and Carole S. Kennedy.

William A. Hargiss, Monroe, for plaintiff/defendant-appellee, Lloyd W. Coon.

Hamp H. Hanks, in pro. per.

Before PRICE, HALL and MARVIN, JJ.

En Banc. Rehearing Denied July 15, 1981.

MARVIN, Judge.

In this appeal of a summary judgment foreclosing by ordinary process on real estate under a vendor's lien mortgage, we find material factual issues and other discrepancies which make summary judgment inappropriate and reverse.

The vendor's lien was created in a credit sale of real estate by Coon to Hanks in 1973 providing for payment in annual installments on March 25 of each year. Kennedy acquired...

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