FRED H. MORAN CONST. CORP. v. ELNAGGAR

No. 83 CA 0006.

441 So.2d 260 (1983)

FRED H. MORAN CONSTRUCTION CORPORATION v. Hameed A. ELNAGGAR, et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 22, 1983.


Attorney(s) appearing for the Case

J. Arthur Smith, III, Baton Rouge, for plaintiff-appellee Fred H. Moran Const. Corp.

Robert R. Rainer, Baton Rouge, for defendant-appellant Hameed A. Elnaggar, et al.

Before SHORTESS, LANIER and CRAIN, JJ.


LANIER, Judge.

This suit commenced as one for executory process on a mortgage note for failure to timely make an installment payment. The mortgagors filed a petition for injunction to arrest the seizure and sale alleging that the executory proceeding was premature because the mortgagee regularly accepted late payment of monthly installments, the mortgaged property had serious redhibitory vices and defects which were the subject of pending litigation, and the mortgage...

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