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HEBERT v. WEAVER

No. CA 84 1218.

484 So.2d 743 (1986)

Frederick J. HEBERT, et al. v. Cherry Faye WEAVER, et al.

Court of Appeal of Louisiana, First Circuit.

Writ Denied May 1, 1986.

Attorney(s) appearing for the Case

Robert C. Funderburk, Jr., Baton Rouge, for plaintiffs-appellants, Frederick J. Herbert and Paul F. Hebert.

Chester C. Williams, Baton Rouge, for defendant-appellee, Henry E. Dufour, III.

Ashton L. Stewart, Baton Rouge, for defendant-appellee, John Weaver.

Before EDWARDS, LANIER and JOHN S. COVINGTON, JJ.

LANIER, Judge.

This action commenced as a summary proceeding for a declaratory judgment that Act 709 of 1979, enacting La.C.C. arts. 2345 and 2357, effective January 1, 1980, authorized the holders of judicial mortgages (tort judgments) obtained in 1973 to execute against community property obtained in 1961 by spouses who are now divorced. The husband1 responded to these pleadings with a dilatory exception pleading the objection of improper...

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