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CITIZENS NAT. BANK v. COATES

No. 86 CA 0397.

509 So.2d 103 (1987)

CITIZENS NATIONAL BANK v. Warren L. COATES and Mary Jean Russell Coates.

Court of Appeal of Louisiana, First Circuit.

May 27, 1987.

Attorney(s) appearing for the Case

T.J. Seale, III, Hammond, for plaintiff.

Deborah Gibbs, Baton Rouge, for defendants.

Before EDWARDS, WATKINS and LeBLANC, JJ.

WATKINS, Judge.

The issue before us is whether the trial court properly granted a summary judgment "in rem" against defendant Mary Jean Coates's property. Because we find a genuine issue of material fact as to whether Mrs. Coates's estranged husband and the Bank intended, after Mr. Coates had disposed of his interest in the property, to secure a loan with a collateral mortgage on the property, we reverse and remand for trial on the merits.

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