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COLONIAL BANK v. MARINA SEAFOOD MARKET, INC.

No. 82-C-1243.

425 So.2d 722 (1983)

COLONIAL BANK v. MARINA SEAFOOD MARKET, INC., et al.

Supreme Court of Louisiana.

Concurring Opinion February 9, 1983.

Rehearing Denied February 11, 1983.

Attorney(s) appearing for the Case

Robert A. Mathis, Newman & Drolla, New Orleans, for applicant.

Thomas J. Toranto, Jr., New Orleans, for respondents.

BLANCHE, Justice.

In this case, we are asked to determine whether a collateral mortgage is invalid because neither the hand note nor the collateral mortgage note were ever executed by the purported maker. Our original purpose in granting writs was to determine the validity of a collateral mortgage executed by a mortgagor to secure a true and existing debt where it appeared that the mortgagor had inadvertently failed to execute the collateral mortgage note. We do not...

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