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FIDELITY FUNDS, INC. v. PRICE

No. 85 CA 0207.

491 So.2d 681 (1986)

FIDELITY FUNDS, INC. v. Rhoda Taylor PRICE, London Taylor and Leona W. Taylor.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 15, 1986.

Attorney(s) appearing for the Case

Charles H. Braud, Jr., Atty., Baton Rouge, for plaintiff-appellee Fidelity Funds, Inc.

Robert E. Tillery, Baton Rouge, for defendant-appellant Rhoda Taylor Price, London Taylor, Leona W. Taylor.

Before CARTER, SAVOIE and ALFORD, JJ.

CARTER, Judge.

This is an appeal from a suit on a note.

Background

On November 2, 1977, Richmond C. Price and Rhoda Taylor Price executed a conventional mortgage in favor of Fidelity Funds, Inc. (Fidelity Funds) on Lot 16, Square 7, Northdale Section 2, to secure a note for $10,159.20 payable to Fidelity Funds. This mortgage was inferior to a first mortgage executed by the Prices in 1973 in favor of Carruth...

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