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BANK OF ST. CHARLES v. ERIS

No. 85-CA-256.

477 So.2d 847 (1985)

BANK OF ST. CHARLES v. Mary ERIS, Wife of/and J. Bradley Oubre.

Court of Appeal of Louisiana, Fifth Circuit.

October 10, 1985.

Attorney(s) appearing for the Case

Don Almerico and Jerome A. Kunkel, St. Rose, for plaintiff-appellant.

Remy F. Gross II, La Place, for defendants-appellees.

Before CHEHARDY, KLIEBERT and GAUDIN, JJ.

CHEHARDY, Judge.

In this suit, the Bank of St. Charles sought a deficiency judgment following foreclosure of a mortgage by executory process. Defendants, Mary Eris Oubre and J. Bradley Oubre, filed a peremptory exception of no cause of action (incorrectly titled "No Right or Cause of Action" by defendants). They alleged that the collateral mortgage note and the collateral mortgage in the executory proceedings were not invariable and identifiable with each other, rendering...

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