PELICAN HOMESTEAD AND SAV. v. WINSTON

No. CA-7432.

517 So.2d 1220 (1987)

PELICAN HOMESTEAD AND SAVINGS ASSOCIATION v. Elizabeth M. WINSTON.

Court of Appeal of Louisiana, Fourth Circuit.

December 15, 1987.


Attorney(s) appearing for the Case

Monica T. Surprenant, James P. Magee, New Orleans, for plaintiff.

Gibson Tucker, Jr., New Orleans, for defendant.

Before BARRY, LOBRANO and WARD, JJ.


BARRY, Judge.

A mortgagee appeals the dismissal of its suit for a deficiency judgment. The issue is whether a mortgagor's procuration must be a part of the executory process in order to secure a deficiency judgment.

Elizabeth Winston executed by procuration a promissory note and mortgage in favor of Pelican Homestead and Savings Association. The procuration was attached to the recorded act of sale, but not to the mortgage.

In 1984 Pelican sued Winston...

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