HOLT v. ESTATES OF FLETCHER

No. 84-366.

469 So.2d 401 (1985)

Leonidas HOLT, et al., Plaintiffs-Appellees, v. ESTATES OF Walter A. and Ruth A. FLETCHER, Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

May 15, 1985.


Attorney(s) appearing for the Case

Jack L. Simms, Jr., Leesville, for defendants-appellants.

Mitchel M. Evans, Deridder, for plaintiffs-appellees.

Before DOMENGEAUX, DOUCET and YELVERTON, JJ.


YELVERTON, Judge.

There are two issues presented by this appeal of the trial court's refusal to issue a preliminary injunction to stop the sale of immovable property under executory process. The first issue questions whether the establishment of a course of conduct between the parties to a mortgage tolerating late payments entitled the mortgagor to a warning, under the "doctrine of forbearance", as a condition precedent to executory process based on a single late...

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