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HIBERNIA NAT. BANK IN NEW ORLEANS v. JOHNSON

No. C-1328.

438 So.2d 1338 (1983)

HIBERNIA NATIONAL BANK IN NEW ORLEANS v. Norman L. JOHNSON et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Dismissed at the Request of Relator October 28, 1983.

Writ Denied November 18, 1983.

Attorney(s) appearing for the Case

George J. Kambur, New Orleans, for relator.

B. Franklin Martin, III, Marie A. Moore, New Orleans, for respondent.

Before REDMANN, C.J., and GARRISON and AUGUSTINE, JJ.

REDMANN, Chief Judge.

We granted certiorari to review the district court's ruling of September 14, 1983, refusing to enjoin executory process under a mortgage attacked as non-authentic for failure of the subscribing witnesses to have been present at the time of the execution of the act, La.C.C. 2234. (Non-authenticity would not have prevented enforcement of the mortgage by ordinary proceedings, C.C. 2235.)

Our order...

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