McCARTHY v. LOUISIANA TIMESHARE VENTURE

No. 13121.

426 So.2d 1342 (1982)

Alvin J. McCARTHY, Jr. v. LOUISIANA TIMESHARE VENTURE a Partnership in Commendam.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 24, 1983.


Attorney(s) appearing for the Case

Joseph W. Nelkin, New Orleans, for plaintiff-appellant.

Ralph S. Hubbard, III, Marcia L. Culley, Barham & Churchill, New Orleans, for defendant-appellee.

Before GULOTTA, BARRY, AUGUSTINE, BYRNES and CIACCIO, JJ.


BARRY, Judge.

This suit, initially instituted by a petition for executory process, arose out of defendant Timeshare's execution of a note in connection with the purchase of property from the plaintiff, McCarthy. By an amended petition the suit was converted to an ordinary proceeding due to discrepancies between the note and the act of mortgage. Subsequently, the note was assigned to Nichollstone Associates and by joint stipulation the parties agreed the foreclosure...

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